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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10284
Experience:  Experienced Family Law Attorney
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What is the statute of limitations in State of CT to file a

Customer Question

what is the statute of limitations in State of CT to file a claim for unpaid alimony and contempt
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Connecticut
JA: Have you talked to a lawyer yet?
Customer: no I'm looking for info I don't have funds for a decent lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: my ex was incarcerated for 9 yrs in which time he sold properties and had profit (means to pay child support) but didn't. when he came out of prison I obtained a court order for child support which is ending as my youngest child will be 18 and HS graduate in June 2017. I don't have an educational support order. all 3 children will be in college in fall 2017. I have an alimony order pendente life $1 year . my thoughts are I was going to file a motion to modify alimony now and contempt for time he was incarcerated
Submitted: 4 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A divorce court order is an ongoing obligation. Each day that money is not paid is a further violation. Until he purges the contempt by paying the amount owed, a contempt order can be sought at any time. An alimony can always be modified when there is a material change in circumstances.

To prove contempt, you need to be able to show the following:

  1. There was an existing court order before he was incarcerated,
  2. He was aware of the order
  3. He had the ability to pay, and
  4. He chose not to do so.

Proving ability to pay for someone who is incarcerated can be tricky, but if he was selling properties, you should be able to do it. And even if he couldn't pay while in jail, he could have paid once he was released.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 4 months ago.
WITHOUT RATING
he was incarcerated in Aug of 2001 - I was divorced in Dec 2002 so we were married when he went to jail... as far as alimony I'm planning to ask the court to modify it now w change being an end to child support (termination at 18yrs) & no educational support order...does that seem like it's ok? also how does the court decide alimony? is it a formula like child support based on incomes?
Customer: replied 4 months ago.
WITHOUT RATING
please clarify..alimony- does that mean that forever as long as I & he live I can petition for alimony? or just until child support terminates>> also does child support terminiation justify a change in material status?
Expert:  LegalGems replied 4 months ago.

Did you still need assistance on the above?