Family Law FAQ's


What is Child Custody?

There are two aspects of child custody: legal custody, which concerns decision making authority for the children, and physical custody, which concerns where the children reside.  

What is Legal Custody?

There are three ways to hold legal custody: 

Joint Legal Custody: 

Both parents work together and are responsible for making decisions for the benefit of the children, including health, education, religion, general welfare, and day to day parenting decisions.

Joint Legal Custody with Final Decision Making Power: 

Both parents work together to make decisions for the benefit of the children, including health, education, religion, general welfare, and day to day parenting decisions.  In the event of a disagreement, where the parents have consulted one another as to the issue but cannot agree, one parent will have the final say to make the decision.

Sole Legal Custody: 

Where one parent is responsible for making decisions for the benefit of the children, including health, education, religion, general welfare, and day to day parenting decisions.  Please note that if one parent has sole legal custody, the other parent is still entitled to the free flow of information about the children, including notification of school events, extracurricular activities, and doctor’s appointments.  Also, that parent is entitled to receive copies of any and all reports for the minor children, such as school report cards and doctor’s reports. 

What is Physical Custody?

Physical Custody is simply where the children reside.

What a “traditional” parenting plan?

A traditional parenting plan is where one parent has “primary physical custody” of the children, and the other parent has “reasonable, flexible, and liberal parenting time” with the children.  

What is "primary" physical custody?

“Primary physical custody” means that the children reside with one parent at their home for the majority of the time, but have frequent contact, or “parenting time,” with the other parent on week nights and week ends.  In these types of parenting situations, the “custodial parent” is the parent with whom the children reside, and the “non-custodial parent” is the parent who has designated parenting time with the children.

What is "visitation," and is it different from "parenting time?"

You may have heard the word “visitation” used by friends or other family members who are divorced.  “Visitation” and “parenting time” are basically interchangeable: Court have moved away from the term “visitation” in recent years, and replaced it with the words “parenting time.”  The reason is simple: who wants to “visit” with their own children? 

What is "shared" physical custody?

"Shared" physical custody is where each parent spends almost one half of the time with the children.  For example, children can alternate weeks between households, children can spend Monday and Tuesday with one parent, Wednesday and Thursday with the other, and alternate their week-ends. 

Parenting plans should be carefully suited to the individual needs of each family, recognizing the points of view of both the parents and the children.  

What is supervised parenting time?

In some cases, “supervised parenting time” may be required.  In these instances, one parent exercises his or her parenting time with the children along with another adult present.  At times, private individuals – such as family members – will supervise parents.  In other instances, a professional supervisor is used.  There are several facilities that offer supervised parenting time, including the Marriage & Family Therapy Clinic at Southern Connecticut State University and the Family Matters facility in Woodbridge, CT.

What is a Guardian Ad Litem?  What is an Attorney for the Minor child?

Regarding children, there are two types of attorneys appointed to represent children: the first is a Guardian Ad Litem, who is appointed to represent the best interests of the child.  The second is an Attorney for the Minor Child, who is appointed to represent the wishes and desires of the child.  In either capacity, the role of the child’s attorney often involves developing a parenting plan tailored to the individual needs of each family.  The earlier an effective parenting plan is put into place the easier the transition for the children, and the lower the level of conflict between the parents.

 Who is responsible to pay for the services of a child's attorney?

Parents are responsible to pay for the services rendered by a child's attorney.  Generally speaking, if the parents are unable to apportion the payments between them, the Court will decide what percentage of the fees will be paid by each parent.

What is Family Relations? 

Family Relations, or the Family Services Division, is a section of the Superior Court that employs social workers and licensed marriage and family therapists to assist the Court in resolving contested family cases.  The counselors at Family Relations may assist parties in reaching a resolution of either custody or financial issues.  At times, parties may engage in mediation at Family Relations, such as on a “short calendar” day (see below), or they may be involved in a home study or full evaluation of custodial issues. 

What is the "Regional Family Trial Docket?" 

As the local Courts often become very busy, they do not hear contested custody matters as they often require several days if not weeks to try.  If your case requires a trial on financial issues, it will remain in the local courts.  If your case requires a trial with respect to child custody, the matter will be transferred to the "Regional Family Trial Docket,"  or "RFTD," either in Middletown or Waterbury.

The RFTD hears only contested custody matters: it is a highly specialized court, which devotes all of its time to the resolution of contested family cases.  If your case is referred to the RFTD, you will first be required to attend a day long session there, supervised by a non-party family attorney and a non-party therapist, called a "Family Special Masters Pretrial."  The purpose of this session is to attempt to resolve the outstanding parenting issues.

If you and your spouse cannot resolve your parenting issues at the pretrial, your matter will be set down for trial before the RFTD shortly thereafter, usually within four to six weeks.  The RFTD will then try both the custodial and financial issues, if any, in the case.

What is Child Support? 

Child Support is for the care and maintenance of the children, and is customarily paid by the non-custodial parent to the custodial parent. 

How is Child Support calculated? 

Connecticut has a specific formula by which child support is calculated, called the “Child Support Guidelines.”  The Child Support Guidelines are purely income driven, but do take into consideration deductions from gross income such as state and federal taxes, Medicare, Social Security, health insurance payments and other mandatory deductions.  Each parents’ income is listed, along with the deductions, on the guidelines worksheet.  Once a combined net income number is calculated, a table is used to determine the total support amount for the family.  Following, each parent’s share of that total support amount is calculated by dividing each parent’s net income amount by the total support amount. 

It is important to note that for child support purposes, the first forty hours of work per week is what is used to calculate of support, as well as up to five hours per week of overtime.  Income received from hourly wages above forty-five hours is not used in the calculation, barring deviation (as described below). 

Does child support include payments for day care or medical expenses? 

Yes: the Child Support Guidelines also provide for the payment of “qualified child care expenses” and “unreimbursed medical expenses.”  “Qualified child care expenses” are those expenses incurred for the care of the children while a parent is working.  “Unreimbured medical expenses” include medical co-payments for doctor’s visits and prescriptions, as well as other reasonable and customary costs not covered by health insurance.  Pursuant to the Child Support Guidelines, each parent will be responsible for a certain portion of child care and medical expenses, in accordance with their respective incomes. 

Can there be a variation from the Child Support Guidelines? 

Yes: there are specific criteria that may be alleged by a parent for a deviation from the Child Support Guidelines.   For example, judges have the discretion to include wages earned for employment above forty-five hours per week if a parent has traditionally worked sixty hours per week, depending on the circumstances of the case.  If used in the calculation, this would constitute an “upward deviation” from the Child Support Guidelines.”  

A judge also has the discretion to decrease the amount of support paid from one parent to the other if there is a shared physical custody plan, and each parent spends a substantial amount of time with the children.  This would be considered a “downward deviation” from the Child Support Guidelines. 

There are several different criteria for deviation which can be discussed on a case by case basis. 

How long does child support last? 

Child support is paid for the benefit of the children until they reach age eighteen or graduate from high school, whichever is later. 

What is an educational support order? 

Connecticut law now provides for the payment of college, or post secondary educational expenses for divorcing families.   The law states that parents may be required to pay toward college tuition, room and board expenses up to and including the amount it would cost for a child to enroll at the University of Connecticut at the time they are of college age.  There are three basic choices: one parent may cover all of the expenses, the parents may equitably divide the expense, or the Court can retain jurisdiction to enter future orders in the event that parents are unable to reach a resolve themselves. 

What is a “motion?” 

A motion is a written request filed by a party with the Court for specific relief.  In a dissolution or family matter, requests are often made for the payment of household bills, alimony, child support, custody, parenting time, and exclusive possession of a home. 

What is "contempt?" 

If you wilfully fail to abide by a Court order, you may be found "in contempt" by the Court.   Courts have a wide variety of options when a person is found in contempt.  With respect to financial issues, a Court can issue a wage execution or garnishment, it can incarcerate you until a certain sum of money is paid, it can order to pay attorney fees incurred by the non-violating party, and the like.  If you violate a child custody order, the Court may decrease and/or restrict your parenting time.  Either way, being reprimanded by the Court is the last thing that you want to happen.  Bottom line: abide by any and all Court orders, even if you do not believe they are fair.

What does “pendente lite” mean? 

Directly translated, “pendente lite” means “during litigation.”  You may hear the term “pendente lite motion” or “pendente lite order” used by counsel.  A pendente lite motion is a temporary motion, used during the pre-judgment phase of a case, essentially from the time of filing until the time that a final decree enters.  A pendente lite order is a temporary order issued by a judge in a family case, again issued during the pre-judgment phase of a case. 

What is “short calendar?” 

“Short calendar” is a specific day each week that a Court designates to hear motions and enter orders.  In Bridgeport and New Haven, family short calendar is heard on Thursdays.  In Milford, family short calendar is heard on Mondays. 

What is alimony?  How is it different from child support? 

Alimony is spousal support, given for the care and maintenance of one spouse by the other.  Child Support, as stated above, is for the care and maintenance of children.  There are two types of orders: (1) “allocated” orders, where a specific amount is awarded for alimony and a specific amount is awarded for child support each week, and (2) “unallocated” orders, where one lump sum is paid each week for alimony and child support. 

It is important to note that alimony is taxable to the person who receives it, and deductible by the person who pays it.  Child support, on the other hand, is neither includable nor deductible for tax purposes.  With an “allocated” order, only the alimony is taxable.  With an “unallocated” order, however, the entire amount is taxable. 

What is "discovery?"

Despite what you may have seen in the movies or on television, "trial by ambush" no longer exists in the United States.  It is extremely rare for some critical piece of evidence to suddenly pop up in the middle of a trial.  It is much more likely that each side has become aware of the strengths and weaknesses of the other side through “discovery,” which, as its name implies, is the disclosure to opposing counsel of any of the pertinent facts of the particular case.  Discovery takes place through a variety of means: there can be written questions (interrogatories), requests to provide copies of documents (production) such as tax returns, bank statements, income verification and the like, and verbal questioning under oath (depositions).

What is a "deposition?"

A deposition is a proceeding at which you are put under oath, the same oath which you would be given when you testify in court, and are asked questions by your spouse’s attorney.  Sometimes the notice of deposition has an attached request for production of documents, which you are required to bring to the deposition, so that you can be questioned concerning them.

Once the deposition is concluded, the stenographer, who has been taking down the questions and answers, will provide a transcript of all of the questions asked and answers given.  This transcript can then be used in future court proceedings, especially at time of trial.  Therefore, it is important to give an answer at a deposition that you would be comfortable with at trial, to avoid having the other attorney make it appear like you changed your answer to try to make yourself look better. 

What is a “subpoena?” 

A subpoena is a court order to appear at a certain place on a certain date at a specified time.  Subpoenas are often served along with notices of deposition, or prior to court hearings, and often are accompanied by what is called a “Schedule A,” or list of documents.  

Do not panic if you are served with a subpoena!  Accept service from the marshal politely, and contact counsel immediately.  

What is an uncontested divorce? 

An uncontested divorce is where the parties and counsel are able to reach an agreement as to all of the issues in a case.  A separation agreement is drafted by counsel, delineating all of the terms of the agreement, both financial and custodial.  That agreement is signed by both parties and counsel, and presented to the Court for approval. 

What is a contested divorce? 

A contested divorce is where the parties cannot reach agreement as to financial and/or custodial issues.  In this instance, the matter will proceed to a trial.  At trial, each party has the right to present evidence to the Court, in the form of testimony from witnesses, written documentation, and the like. 

What is a "final judgment?"

A “final judgment” is issued by the Court at the conclusion of a case.  It is often also called a “decree of judgment.”  In uncontested cases, the final judgment issues on the day of the dissolution.  In contested cases, judges have up to four months from the close of evidence to issue a final judgment.  In those instances, the judgment will be accompanied by a “memorandum of decision,” delineating the division of assets and liabilities as well as custodial orders. 

What is “post judgment?” 

Unfortunately, the Court’s involvement with a family may not end with the final judgment.  Often, parties will seek to modify custodial or financial orders after the final judgment, or “post judgment.”  Post judgment motions may be brought by either party, at any time after a judgment is final.  

With respect to financial issues, the moving party must allege a “substantial change in circumstances” in order to seek a modification of a financial order.  Generally, a “substantial change in circumstances” occurs when one party or the other has a large increase or decrease in income, or their ability to earn an income changes in some way, i.e. disability, loss of employment, and the like.

With respect to custodial issues, the moving party must allege that the parenting plan in effect is no longer in the “best interests” of the minor child or children.  The reasoning must be specifically delineated in the motion, and parents must be ready to come forward with evidence to support their claim.