Southport Connecticut Family Law Blog

As countless Connecticut residents going through divorce are aware, the process can present seemingly endless obstacles. This is especially true for ex-spouses with children. While a child's best interest is generally top priority in child custody arrangements, the details of these laws can vary from state to state.

Untangling the fine print of child custody laws is often a challenge in itself. Family resource LiveAbout breaks down Connecticut's child custody laws in an accessible way, first noting that the state defines joint custody as a process that allows both parents to make important decisions. These decisions primarily involve the general welfare of the child, and equal time split between each parent. The state defines "legal custody" as decision-making rights, and uses the term "physical custody" to refer to the amount of time a child spends at each parent's home. Like most states, Connecticut courts usually consider the following when determining child custody:

• The child's needs
• The parents' preferences
• The child's relationship with each parent
• History of domestic violence
• History of abuse  

There is hardly another life event as exciting as expanding a family. For same-sex couples in Connecticut, this might entail a number of options. Despite the increasing accessibility of various alternative reproductive plans, many couples still struggle to make ends meet. One reason for this challenge lies in the exorbitant costs that often come with these plans. 

One 2016 U.S. News report brings the topic of fertility treatments and the steep costs that come with such procedures. Highlighting the case of two New Jersey lesbians attempting to conceive, the report recognizes the obstacles many same-sex couples face when making plans to have a child. Although traditional family dynamics have shifted and gay marriage has been legal for years, some have trouble receiving coverage for family planning from employers. Some state laws require that a couple demonstrates that they have tried to conceive naturally, but to no avail. Of course, this excludes same-sex couples, and many criticize the law for its discriminatory language. A great deal of patients go into debt as a result of the tedious steps of fertility treatment. 

As our society evolves, more and more people in Connecticut are opening their eyes to the various ways via which people can become parents. Certainly gay and lesbian couples need to look outside of traditional reproduction between partners to become parents but even a heterosexual couple may find themselves unable to conceive a child or to successfully carry a baby to term. If you are in one of these types of situations, you will be happy to know that there are more options available to you today than in prior generations.

If you have wondered about surrogacy, you will want to learn about the different ways in which it can work as there is not just one type of surrogacy program. Positive Parenting Ally explains that there can really be multiple distinct combinations of egg, sperm and womb that may be evident in a surrogate relationship. Certainly in all three forms of surrogacy, the one common factor is that it is the womb of the surrogate mother that carries the baby to term.

Divorced or would-be divorced couples in Connecticut may want to take note about a change that is looming regarding how spousal support payments will be taxed once the Tax Cuts and Jobs Act goes into full effect on January 1, 2019. 

As explained by the Internal Revenue Service, the current law assigns tax liability to the spouse who receives alimony payments. In addition, the IRS allows the spouse who must make spousal support payments the ability to deduct these payments from their federal tax returns. This arrangement has been integral into the development of many divorce settlements as taxation is one element considered when both sides in a divorce evaluate their full agreements that include not only alimony but property division and potentially even child support.