Legal Question in Family Law in Connecticut
I have 4 questions...
First, I live in NC. My ex-wife and 3 children live in CT. The original support order was in Massachusetts because that is where we both resided in 2000 when the order was etablished. I received a letter from my ex-wife stating that she is filing for a foreign judgement to get this moved to CT and that I have 20 days to object. Should I agree to this?
Second, I am paying child support every week and also paying towards my arrears. The balance on the arrears keeps fluctuating each month, sometimes making the balance go up. In May it was $1044.48 and June it has gone up to $1196.48
How can I get them to be fair and its getting ready to move to CT?
I have also been denied visitation and phone calls to my kids, by my ex-wife and she is turning my kids against me. What can I do?
I want to see my kids and have a relationship with them. I am still paying child support and will continue to do so, is it legal for her to keep them from me?
2 Answers from Attorneys
Re: I have 4 questions...
Your ex-wife is "registering" the Mass. divorce decree in CT in order to enforce it there. You would only be successful in objecting to the registration of the decree if the decree was invalid (for whatever reason). Once the decree is registered , then she will attempt to enforce it like a CT judgment. This means, contempt for failure to pay, or she could modify it upward, etc. You can't fight the registration unless you think they don't live here, or, it was obtained initially by fraud.
You say you are paying towards the arrears and it fluctuates each month. I am not clear as to what you mean. If there is a court order in place, you are required to stick to it.
If you have been denied visitation and phone calls you are entitled to go back to court. However, I would have to review your divorce decree to determine what she has violated in denying you contact with your children.
You need a lawyer.
Re: I have 4 questions...
No point in objecting unless you feel the order was improperly issued in the first place (which I doubt). The amount you are to pay in support, including the arrearage calculation, is set by statute as a mathematical formula. Now, the child support people don't always plug the right numbers into the formula, but I couldn't tell if they've done it correctly without seeing your respective financial affidavits. As to your visitation, it is not interrelated to the child support: you get the visitation even if you aren't current in your support and you have to pay the support even if you aren't getting your visitation. To get the visitation, you have to file for a custody order (if there isn't one in effect at this point; or, if there is one in effect in Mass, you have to register it in CT to get it enforced.) Either option is about $2500.