Legal Question in Family Law in Connecticut

I have been divorced for two years now and my ex wife works full time making a six figure salary. I do earn more than her and pay $35 a week in child support even though kids are with me over 50% of the time since I work from home. She seems to have developed either a drinking problem or some other substance issue. Her finances are horrible at this point as she has spent herself into debt ( per her $60k in credit card). And she continues to slide in the wrong direction. I get constant threats that she will drag me back into court due to her debt and money mismanagement. Is there any truth to her being able to do this? I am constantly living in fear that she will drag me down with her. What rights do I have against these constant threats?


Asked on 11/23/14, 6:56 am

2 Answers from Attorneys

John Heffernan Heffernan Legal Group, LLP

Child support is a function of income only; debts don't enter into it. Unless there has been a "substantial change" in either of your incomes (+ or - 15%) since the last time the support was calculated, the child support won't change. You aren't liable for her debts, obviously. She might try to change the parenting plan, so she has primary residence, rather than shared parenting. That way the child support to her would increase. But, again, unless there's been a "substantial change" in the parenting situation (and it sounds to me that the change would be her deterioration, so no help to her) there wouldn't be a change in the parenting plan.

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Answered on 11/23/14, 10:41 am
Joseph Maya Maya Murphy, P.C.

How incurred debt is handled and who is responsible for it should be governed by your separation agreement. Unless she can demonstrate a substantial change in circumstances in her favor regarding the finances and therefore, potentially the child support issue, it is unlikely that the court would make your ex-spouse's newly created debt your responsibility unless you had agreed to it. In addition, the court is not likely to be tolerant of her idle threats, particularly, if these threats are not based in solid facts or law. If you have any questions about post marital judgment matters of this nature and want to discuss your options, please contact the Matrimonial Attorneys at Maya Murphy, P.C. at (203) 221-3100.

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Answered on 11/24/14, 8:35 am


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