Real Estate Closings: What Happens?

What Happens in a Real Estate Closing?

Buying property can be an exciting process.  You look at properties, find one you love, and make an offer.  When the sellers accept that offer, you will need to close on the property.  For many buyers, the closing is a mystifying process.  This article will explain what to expect at a Real Estate Closing.

The Closing Process

Closing is often called "settlement."  These two terms are used interchangeably, so a Real Estate Closing and a Real Estate Settlement are the same thing.  In a nutshell, this is when all documents are signed, monies are exchanged, and the property transfers to the buyer.  The period between acceptance of an offer and closing is often called "the escrow period."

What Happens During Closing?

All parties involved meet in a mutually agreed upon location to review and sign all of the documents. Since most of these documents are prepared in advance of the Settlement Meeting, you should have already thoroughly reviewed them with your attorney.  If there is a mortgage involved, these documents are reviewed, signed, and notarized during this meeting, and the monies are disbursed to the seller.  The buyer also pays his share, including closing costs, via certified check.  Often, the buyer is also required to set up an escrow account to cover things like taxes, insurance, and the first few mortgage payments.  The buyer will need a separate certified check for this.  In addition, closing costs (usually 3-5% of the financed amount) are paid with a third certified check.  The Real Estate Agents also receive their commissions during the closing conference.

Who is at a Settlement?

Whether you are the buyer or the seller, hopefully you've followed our advice and retained an attorney to help you with the whole process.  Your attorney should have reviewed ALL contracts and documents, as well as helped you with all negotiations.  Your attorney should also be there for the closing.  In addition to buyer's and seller's attorneys, you can expect both the real estate agents (both the Buyer's and Seller's agents,) a representative from the financing agency (usually a bank,) and a representative from a title company.  You will also need a Notary Public to notarize all the documents.  Often, one of the Real Estate Agents, Bank Representatives, Lawyers, or Title Company representatives is a Notary.  Connecticut, Georgia, and Delaware all require an attorney to execute the closing, so if you live in one of those states, settlement definitely includes at least one lawyer.

Where Does the Closing Take Place?

A closing may take place in a number of places, be that an Attorney's Office, a Title Company, an Escrow Company, or the Lender's Office.  If it is a "cash" transaction with no mortgage, settlement usually occurs at the Attorney's office, either yours or that of the seller.

When Does the Closing Occur?

The closing takes place at a date and time mutually agreed upon by all parties.  Generally, there is approximately a month between acceptance of offer and the settlement meeting.  

How Long Does the Process Take?

Generally, the Closing takes between 30 and 90 minutes, depending on how prepared all parties are, and how long it takes to review the documents.  However, if issues arise during the closing, it may need to be rescheduled, and it may take several days.  

What Documents Need to be Executed?

Usually, the closing involves signing the following documents:

• The Closing Disclosure Form: This is an itemized list of the buyer's final costs, credits, and charges;
  
• Deed of Trust or Mortgage Document: These are the actual terms and conditions of the financing agreement;
  
• Promissory Note:  This is the actual IOU form to the lender, detailing the actual amount of money you are borrowing and will need to pay back;
  
• Loan Estimate: This document outlines the actual closing costs, which are in addition to financing and down-payment;
  
• Title Insurance: protects an owner's or a lender's financial interest in real property against loss due to title defects, liens or other matters.
  

What Happens After Closing?

You take possession of the property, and the new deed is recorded.  You also receive your keys at this meeting.

What Issues May Arise During Closing?

Hopefully, the closing will go smoothly, and there will be no issues.  Ideally, both parties have all the documents ahead of time, and have had a chance to review them, so that issues do not prevent a smooth closing.  However, the following issues may delay or prevent a settlement:

• Errors in the Documents: These can be as simple as typos, or there may be terms that were not previously agreed upon.This is why it is important to thoroughly re-read ALL documents before signing them.  DO NOT sign any documents containing errors until those errors are corrected.
  
• Money Issues: Often, funds are delayed, especially if the purchase involves a mortgage.  If checks are delayed, settlement may need to be postponed.
  
• Title Issues: Sometimes title issues are found that must be cleared before final settlement may occur.  These may be unknown liens placed by contractors or an Association, unpaid Association fees, tax deeds, etc.  Despite the presence of Title Insurance, the Buyer's Attorney will not allow settlement to commence if any title issues are found.
  
• Issues Found During the Final Walk-Through or Inspection: Many contracts are contingent on a Home Inspection.  If the Inspector finds any issues, the Buyer's Attorney may negotiate buyer credits to fix these deficiencies.  Likewise, if any issues were found during a final walk-through, such as damages to the home, paint defects caused during a moving out process, non-working fixtures or appliances, or cleanliness issues, the attorneys may negotiate repairs or credits, or even a reduction in the final cost of the property.

If any of these issues arise, the closing may be delayed or continued on another day.  Sometimes, these issues may prevent a closing from happening at all.  The contract may fall through if significant issues crop up.  Again, these issues are best handled by an attorney, whether you are the buyer or the seller.  

Often, "Earnest Money," or a deposit is made when the offer is accepted.  If the closing falls through, what happens to this money is dependent on several factors, including the wording in the sales contract and the reasons for the closing falling through.  Again, it is best to let your attorney handle these negotiations.  Whether you are the buyer or the seller, it may cost you a lot of money if you try to handle these negotiations yourself, or if you leave them to your Real Estate Agent.  It will most likely cost you far more than you would have paid in Attorney's Fees.

Summary

This article attempted to demystify the closing process.  It outlined the who, what, when, where, and hows of the  settlement process.  It also stresses the importance of retaining a skilled Real Estate Attorney to represent you at settlement.  There are a plethora of complicated documents to sign, and even more issues that may arise, all of which are best  handled and negotiated by your lawyer.

The Law Offices of Heath D Harte are located in Connecticut, a state which requires an attorney to be involved in the closing process.  Again, we stress you hire your OWN attorney, rather than depending on the Real Estate firm to provide one.  Only your own attorney has your best interests at heart, (or should we say at Harte, as we always have our clients' best interests at the forefront.)  There are just too many issues that may crop up during the settlement process that can cost you far more than paying attorney fees.  With the proper preparation, we can even represent you at the closing so that you do not even have to be present.  If you live in one of the areas in which we practice, we are happy to represent you throughout the entire home buying process, from identifying property to buy, to placing an offer, to reviewing and negotiating documents, to handling the closing for you.  We can take most of the stress out of the home buying process.

Community Land Trusts Part III: Stories and Resources

Community Land Trusts:
Stories and Resources

Last week, we discussed how to form a Community Land Trust, a specific type of Land Trust.  Today, we'll see how Community Land Trusts are being implemented in various parts of the country.  We'll also discuss some resources for support and information once the trust has been formed.

Land Trusts in Action

Maryland

There are several Community Land Trusts in Baltimore, MD.  The Charm City Land Trust, Inc. formed around the turn of the Century, has been buying up vacant lots for years. The Northeast Land Initiative and New Park Heights Community Development Corp. have similar goals.  The three are non-profit groups that develop and oversee affordable housing, as well as community assets such as playgrounds and gardens.  All three groups sell property with ground leases.  There are income eligibility requirements for purchase, and specific guidelines and caps for resale of any property held in the trust.  Baltimore is using the Land Trusts to try to reduce the stock of vacant, crumbling buildings, to fight the housing shortage for middle-income workers, and to promote true, mixed-income type of neighborhoods.  

Nearby Frederick County is the home of Maryland's first successful community Land Trust. Baltimore is looking to their successes and issues in implementing their models. To qualify, Frederick residents have to earn less than 80% of the county's median income, which is currently about $107,000 per year.  In Frederick, any resale profit is split between the buyer and the trust, with the trust receiving 60%. The Frederick Trust is a subsidiary of Habitat for Humanity.

(Source: Community Land Trusts Make their Pitch: www.baltimoresun.com/business/real-estate/wonk/bs-bz-community-land-trust-20151130-story.html)

Oregon State

Oregon's largest trust, the Southern Oregon Land Conservancy, was formed in 1978. By the turn of the century, there were over 20 active Land Trusts in Oregon.  

The Three Rivers Land Conservancy is one of these trusts.  Its purpose is to try to conserve open land and access to natural resources in a rapidly growing, urban area.  They focus on the Southern part of the Portland Metropolitan Area, one of the few parts of the district that still has open space to preserve.  Created in 1991, they are building a system of green-spaces and trails to give residents access to natural settings within the urban environment.  Rather than focusing on large parcels, this trust has dozens of smaller properties. totaling over 160 acres.  Most of their land remains undeveloped.  They also make use of conservation easements to expand the areas they protect.

(source: The Oregon Story: http://www.opb.org/programs/oregonstory/land_trusts/index.html)

Pennsylvania

Pennsylvania has The Pensylvania Land Trust Association, also known as PALTA.  According to their website: "The Pennsylvania Land Trust Association was created by land trust volunteers and staff who recognized the need for an association that can focus on the broad needs of the conservation movement—to take on activities that no one organization could effectively handle or wish to handle on its own."  PALTA started as an informal network in 1991.  They incorporated as a non-profit in 1995, and today, they have more than 100,000 Pennsylvanians as members and contributors.

PALTA not only works to preserve land; they also work to foster conservation policy throughout the state.  PALTA also sponsors educational programs and offers support through webinars.

(Source: Pennsylvania Land Trust Association: http://conserveland.org/)

Florida

Florida has over 10 Community Land Trusts, including ones in both Palm Beach County and Broward County.  Palm Beach County is both one of Florida's richest counties and one of the poorest. Broward County, home to the Miami Metropolitan Area, has a similar socio-economic spread. 

The Community Land Trust of Palm Beach County focuses on affordable housing.  Those who qualify sign 99 year land leases, and the trust retains title to the underlying property.  The trust focuses on helping people build equity, qualify for mortgages, and learn about all the benefits of homeownership, while capping the equity participants build.  Participants are looking to build equity and stability, rather than seeing a return on an investment.

TheSouth Florida Community Land Trust in  Broward County operates similarly.  Putting participants in a trust-owned home with a mortgage generally saves them about $500 to $800 a month in rent. Initial purchase prices are about a third of the price of buying a similar home NOT owned by the trust.  

Both programs allow people to buy homes at below-market values. To qualify, residents must not make more than 120 percent of the area median income. They must also have steady employment and good credit.  These trusts tend to focus on workforce housing.  They want to help people stay in Florida, rather than flee the state for a place with a lower cost of living.  

(Source: The Sun Sentinel :http://www.sun-sentinel.com/business/realestate/fl-land-trust-affordable-housing-20150710-story.html)

Connecticut

Connecticut has the third most Land Trusts of any state in the country, significant especially because Connecticut is one of the country's smallest states.  There are over 130 conservation trusts alone.  Many of these smaller trusts are affiliated with the Connecticut Land Conservation Council (CLCC). Created in 2006, CLCC represents the merger of two previous organizations, one which focused on advocacy and the other that provided technical support to conservation trusts.    According to their website, "CLCC's mission is to advocate for land preservation, stewardship and funding, and ensure the long-term strength and viability of the land conservation community. The intent of CLCC is to enable our conservation community to better learn from each other and to even more effectively advocate for critical issues at the State Capitol."  CLCC holds an annual conference.  They also provide grants and assist Connecticut-based trusts to obtain funding.

A list of Connecticut Land Trusts can be found here:  http://www.ctconservation.org/findalandtrust

(source: CLCC: http://www.ctconservation.org/)

Connecticut also has several Community Land Trusts that focus on housing.  In fact, the State itself sponsors a Land Trust/Land Bank through the Department of Housing.  P.A. 87-441 "provides eligible applicants with grants, loans and deferred loans for the costs of acquiring land or interest in land and the costs of holding and managing land to be developed as housing for low and moderate-income families."  DOH has an open application process, meaning applications are accepted any time.  Funding is available to organizations to acquire  "real property for the purpose of providing for existing and future housing needs of very low, low and moderate income families."

(Source: Connecticut State Government: http://www.ct.gov/doh/cwp/view.asp?a=4513&q=530484)

Litchfield has provided affordable housing through a trust for over 25 years.  Since 1989, this trust has developed over 48 homes.  According to their website "The Litchfield Housing Trust was created to strengthen our community by advocating, facilitating, and developing housing so that Litchfield could once again become affordable families of all income levels."  They offer rentals as well.  To qualify,  the applicant must have a gross family income below 80 percent of area Median Family Income.  If they are interested in ownership, they must be able to qualify for a mortgage.  This trust builds up its inventory both through purchases and donations.

(Source: Litchfield Housing Trust :http://litchfieldhousingtrust.org/)

In 2005, inspired by Litchfield, a group of citizens in Sharon decided to organize their own housing trust.  They formed a group, looked aat similar programs in Salisbury and Cornwall, then modeled themselves after the Litchfield Trust.  The mission of the Sharon Housing Trust, Inc. is "to provide permanently affordable home ownership to low and moderate-income households members of the Sharon community."  

Thus far, the trust has only developed one property.  In 2005, they received a donated parcel, and were able to sell it by 2007.  They have identified a site for their second home, and are now screening potential buyers.  The Sharon Housing Trust will require sweat equity from participants.  

The Sharon trust cobbled together its initial funding through donations, matching donations, and State grants.  They received  a $100,000 grant through the DOH program described earlier.

(Source: Sharon Housing Trust: http://www.sharonhousingtrust.org/)

Land Trust Resources

There are a number of non-profit organizations with the sole purpose of providing support to Community Land Trusts.  Three of the most well known are the Land Trust Alliance, National Community Land Trust Network, and Community Wealth.

Community Wealth: www.community-wealth.org

According to their website, "Community-wealth.org houses an extensive collection of resources focused on Community Land Trusts and their role in community wealth building. "  Here you can find a wealth of resources.  They have a policy section, a best practices section, a toolbox, and a wealth of articles and stories about how trust princiiples are being implemented.  They also have a lot of facts, figures, and statistics that may be helpful in developing your own trust's pitch.  They also have a large section on funding resources.

The National Community Land Trust Network: www.cltnetwork.org

CLT Network is another resource powerhouse.  Their primary goal is to develop resources for folks developing or wanting to start a community trust.  They also have a wealth of information on their website.  They offer training, advocacy, networking, and funding information.  They also sponsor an active forum so that members can learn from each other and "do not have to reinvent the wheel."  They offer newsletters to keep folks up to date with all the developments happening across the nation.  They also offer technical assistance and help people develop all the things that go along with building a Community Trust.

The Land Trust Alliance: http://www.landtrustalliance.org/

The Land Trust Alliance offers resources for conservation trusts.  According to their website:

The Alliance brings its more than 1,100 member land trusts together — and increases each one’s success.  We advocate for the policies and incentives that it takes to save millions of acres every year. We’re the go-to source for training for people who work in conservation — so land trusts get more done. We back up land trusts when the places they promise to protect are threatened. And we support land trusts in connecting more people to the land.

They also offer an extensive "learning center," filled with everything you'd ever want to know about setting up or maintaining a conservation trust.    They also sponsor trainings and publish a newsletter.

Summary

This week we continued exploring Community Land Trusts.  We looked at how these types of trusts are being implemented in several states, including Connecticut, Oregon, Pennsylvania, and Connecticut.  We also learned about some National Non-profits who aim to support all types of community and conservation Land Trusts.  

The next couple of posts will wrap up everything you need to know about Land Trusts.  Then we'll take a couple of weeks off to compile our course into an e-book, for even easier reading. Watch this blog space for information about the book.

Being Connecticut residents ourselves, here at The Law Offices of Heath D Harte, we are very proud of Connecticut's trusts.  We have all types here: investment Land Trusts, Conservation Land Trusts, Housing Trusts, Regional Trusts, and local Trusts.  Our own State Government believes in using Land Trusts as a solution, as is evidenced by their open application process for state funds.  Like Palm Beach County, we have a wide range of socio-economic status in Connecticut, and we'd like to keep our own talent in-state.   We have seen the utility of ALL types of trusts, and we believe investors can benefit from participation in all of these types.  It is why we've spent so much of our energy developing our Real Estate Law practice.  We also believe successful investors can reduce their tax obligations through donating to non-investment trusts, while also significantly improving their own communities.  And as always, we look forward to assisting you with all your Real Estate Law needs, including setting up Land Trusts.

Happy Holidays from the Law Offices of Heath D Harte!

Happy Holidays to Our Readers!

The Law Offices of Heath D Harte would like to wish everyone a very Happy Holiday Season!  We thank our readers for spending the year with us.  In 2015, we published a variety of articles to help you understand legal issues and your rights. We laughed over the antics of stupid criminals. We gave you tips on how to handle issues.  We talked about Family Law, Father's Rights, Connecticut Laws, and Real Estate Law.

Below, you will find a list of the articles we published in 2015.

This will be our last blog posting in 2015.  We hope you will continue reading our articles in 2016. We look forward to helping you understand legal issues throughout 2016.

We wish you all a Happy Holiday Season and a Healthy Happy New Year!  See you in 2016!

• Shopping for Real Estate During The Holidays
• Real Estate Attorneys

What Is a "Free Consultation" with a Lawyer?

• Non-Adversarial Divorce in Connecticut
• Ignition Interlock Devices Now Required for DUI Of...
• Child Support in Connecticut, Part 1

Silly Connecticut Laws
Preparing Your Appearance For Court
The Top 10 Biggest Mistakes In Injury Claims

• Child Custody: Does it Mean Litigation?
• Mistakes in the Florida "Sex on the Beach" Case In...
• Fighting for Paternal Rights
• Geofeedia: Using Social Media Against You
• Five Considerations in Choosing a Lawyer

Non-Adversarial Divorce in Connecticut

Non-Adversarial Divorce in Connecticut

New Laws go Into Effect, October 1, 2015

Connecticut has approved two simplified procedures for non-adversarial divorces. Effective October 1, 2015, these processes can speed up the divorce process. They may also eliminate the need to appear in court.

What is Non-Adversarial Divorce?

When people think about divorce, a “War of the Roses” type situation often comes to mind.  This is an “adversarial divorce.” An adversarial divorce is one in which the couple is arguing about how to divide property, custody, etc. Conversely, a non-adversarial divorce is one in which the two parties can compromise, reaching an agreement without an all out war. This does not mean there are no disagreements. Rather, it means the divorcing parties, or more often their attorneys, agree to negotiate their differences.  

As of October 1, 2015, in Connecticut, it is also simplified process by which eligible parties can obtain a divorce within 35 days without having to appear before a judge, as long as you meet the criteria.  An adversarial divorce will take a minimum of three months and involves appearing in court.

What are the Criteria for a Non-Adversarial Divorce?

First, you and your spouse must reach an agreement that is fair to both parties and reflects the best interests of the children, (if any.)  Neither party may “contest” the divorce or “charge” the other with grounds, such as abandonment or adultery.  You must meet residency requirements, and you must file a joint petition in the judicial district in which one of the parties resides.  You also must attest the marriage has broken down “irretrievably.”

What are the New Processes?

The first process is a Non-Adversarial Divorce for those with Limited Assets.  This process shortens the process to a mere 35 days, as long as you meet specific criteria.  In addition, a judge may grant these divorces “on the papers,” which means you will not have to come to court.  To qualify, you must first meet criteria for a non-adversarial divorce.  In addition, you must meet the following conditions:

• Have been married eight years or less;
• Neither person is pregnant;
• No children were born or adopted before or during the marriage;
• Neither spouse has any interest or title in any real property;
• The total value of all property they own is less than $35,000;
• Neither spouse has a company sponsored pension plan;
• Neither spouse has a pending bankruptcy;
• Neither spouse is applying for or receiving Medicaid benefits;
• No other action of dissolution of marriage is pending; and
• There are no restraining or protective orders between the spouses.

What if I do not meet these criteria?

If you do NOT meet these criteria, the second new process may apply to you.  This process allows your attorney to file a motion asking for a waiver of the requisite 90-day waiting period.  To qualify, you must have reached an agreement as to all terms of your divorce.  You must also meet the conditions described above.  This still significantly decreases the time period a traditional divorce requires.

What are the Advantages of Non-Adversarial Divorce?

The advantages are many.  First of all, a non-adversarial divorce is significantly cheaper than an adversarial one.  You can save thousands of dollars by avoiding litigation.  Next, a non-adversarial divorce is a lot less stressful.  It allows you to retain more of a sense of control.  It also takes a LOT less time than a traditional divorce.  Fewer relationships are strained, and parties involved have a greater chance of remaining “friends” after the split.  But perhaps most importantly, it allows you to move on with your life much more quickly.

How do I Initiate the Process?

We recommend you start the process as you would a traditional divorce: by consulting an attorney.  During your initial consultation, stress that you are interested in a non-adversarial divorce.  Question your attorney about his track record handling divorces, and ask how successful your attorney has been in keeping previous cases non-adversarial.  Discuss any “problem areas” you anticipate, as well as areas in which you are willing to compromise.

Final Thoughts

Here at the Law Offices of Heath D Harte, we believe in non-adversarial divorces whenever possible.  Even if you do not think you and your partner will be able to work things out, we still recommend you attempt the non-adversarial route.  After all, that is why you are hiring a skilled attorney.  We often take potentially-contentious situations and turn them into workable ones.  We can negotiate compromises where in areas you did not think were possible.  We believe in keeping the battles behind closed doors, whenever possible, and out of the courtroom.  We celebrate the new Connecticut processes that make divorce quicker and less costly.

If your situation warrants, we highly recommend you attempt a non-adversarial divorce.  (Of course, not all circumstances dictate this route, and if yours do not, we will recommend you take the alternate path.) To facilitate this, we often start negotiations before we file the paperwork.  If we cannot take advantage of the new law, we will go back and negotiate a more traditional divorce.  But we always recommend you take the non-adversarial route, if at all possible.  

Ignition Interlock Devices Now Required for DUI Offenders in Connecticut

Ignition Interlock Devices Now Required for ALL DUI Offenders in Connecticut

As of July, 2015, the State of Connecticut is requiring Ignition Interlock Devices (IIDs) for ALL individuals convicted of Driving while Under the Influence (DUI, or DWI.)  Previously, Ignition Interlock Devices were not mandated after a first offense.

With an Ignition Interlock Device, the driver must blow into the device before s/he can start the car. The device also requires random samples for the duration of time the car is operating.  If the device registers a BAC (Blood alcohol content) of 0.25 or greater, the vehicle will not start.

Connecticut considers a BAC of 0.08 driving under the influence.  This level dips to 0.04 for Commercial Drivers, and to 0.02 for drivers under 21 years of age.  If you refuse to take the test, your license will be immediately suspended, and you will receive a fine.  (Connecticut is an "implied consent" state.  which means the fact you are behind the wheel means you have consented to be tested if an officer suspects you are under the influence.)  In other words, the officer willl confiscate your license on the spot.  If you hold a CDL (Commercial Drivers License) and you refuse, your CDL will be revoked. Connecticut also allows prosecution for DUI even if you have refused to take the tests.  If you are convicted, you will still be required to install the Ignition Interlock Device once your suspension is lifted.

In Connecticut, both refusal to take the test and DUI convictions result in your license being suspended.  After 3 DUI convictions, your license is permanently revoked.

In addition to paying for installation and maintenance of the IID, as well as a $100 fee.  The $100 fee goes to DMV to cover the costs of administering the program.  If you fail to comply with IID restrictions, you will be subject to additional fines and criminal charges.  Asking another person to blow into your IID is a class 3 misdemeanor.  Connecticut also may impose these restrictions on a driver licensed in Connecticut who gets a DUI in another State.

The device itself costs around $75-150 to install.  Ongoing costs total about $3 per day.  This averages out to about $100 per month for the duration of the restriction.  Anyone who drives your vehicle (spouse, friend, child, etc.) will have to "blow clean" to start the car.  Using an alcohol-based mouthwash or breath spray prior to trying to start the car can cause you to fail the test.

There is no way around these restrictions.  If you get a DUI, either in Connecticut or in another State, and you hold a Connecticut Drivers License, you WILL need to install an Ignition Interlock Device.  The best way to ensure you will NOT have to use an Ignition Interlock Device is not to drink and drive.

Child Support in Connecticut, Part 1

Child Support in Connecticut, Part 1 

If you are a single parent, and your child lives with you, you are entitled to collect Child Support, In Connecticut, this applies both to divorced parents and to parents who were never married. It applies to heterosexual couples and same-sex couples. Both parents are legally obligated to support their children.

Child support is not automatic though. In order to receive support, you must apply for it. If you receive public assistance of any kind, you can get free help from The Department of Social Services to apply for support. If you do not receive public assistance, you can still apply through DSS, but the process will not be free. Applying through DSS is also a long process. Because of this, many people prefer to file for Child Support through the Superior Court.

Here at the Law Offices of Heath D Harte, we recommend you file through the courts, rather than through DSS. If you file through DSS, they will be responsible for enforcing the judgment. They have thousands of cases, and yours may not get priority. You will not have any choice regarding who will be assigned to your case. Because of this, the remainder of this article will focus on how to file for Child Support through the court, rather than through DSS. Later articles will discuss enforcement and modifications.

Am I Entitled to Collect Child Support? 

You are entitled to collect support if you are the Custodial Parent, and if you obtain a Child Support Order through the Courts. Basically, if a child lives with you, you are entitled to collect Child Support. If the child does NOT live with you, most likely you are required to PAY Child Support, rather than collect it.

What if some of the children live with me, and some of the children live with the other parent? 

This situation is a little trickier. The answer is “it depends.” Each parent's support obligations will be calculated on a separate worksheet. The lower obligation is subtracted from the higher obligation. The parent with the lower obligation will receive the difference in the sums. 

What if we share custody? 

If you share custody, the Court will look at how the child's expenses are paid. They will also look at the amount of time the child spends with each parent. If you pay the greater share of expenses, you are entitled to Child Support.

What if I receive Public Assistance? 

The other parent is still required to pay, but you will not get the full amount ordered. You will get $50 per month, and the State will keep the rest. Once you are no longer receiving Public Assistance, you will be entitled to the full payment. What if the other parent lives in a different state? You are still entitled to collect Child Support. The Connecticut Courts have mechanisms in place to enforce interstate support agreements.

Is Child Support for Mothers only? 

No, child support is for the custodial parent, be that parent the Father or the Mother. If you are the Father, and the child lives with you, the Mother is obligated to pay support. Likewise, if you are a same-sex couple with children and you separate, the non-custodial parent is obligated to pay support.

How Do I Apply for Child Support? 

You must file with the Superior Court to apply for Child Support. Alternatively, you may file with DSS. We recommend the Court route.

Although you may represent yourself, we strongly recommend you hire an attorney to help you through the process. Your attorney help you gather the needed information and file with the Courts. S/he will help you with the required financial affidavits and Court Worksheets. Your lawyer can also help if there are later issues with collecting, or if you need to modify the order. If you are NOT the custodial parent, we also recommend you hire an attorney so that your obligations are fairly calculated.

How is Support calculated? 

Connecticut follows an “Incomes Shares” model. This means they will look at the child's expenses as if they were living with both parents, and will then divide that cost according to each respective parent's income and assets.

 Connecticut has regulations and standard worksheets they use to figure out the payment obligations. These are called “The Connecticut Child Support and Arrearage Guidelines.” They use the combined income of the mother and the father and the number of children to set the support amount. Because the worksheets are fairly complicated, we suggest you complete them with an attorney's help.

Does the State set the same amount per child in all cases? 

No. There are many deviations to the standard calculations. If a parent pays for insurance for a child, that will be taken into account during calculations. If a child has special needs, generally larger payments are required. The number of other children a parent is supporting is also considered. If a child is receiving social security assistance, payments may be reduced. If one parent has significantly higher assets, they will pay a greater share. Likewise, if a parent has little net income, they may pay a lesser share. Again, an attorney can be really helpful in looking at how your circumstances effect the basic payment worksheets. Your lawyer can help you pay or receive a fair amount.

How long does the parent have to pay? 

The parent will be ordered to pay support until the child is an adult. Generally, this is until the child turns 18 or graduates from High School, whichever is later. However, support generally goes to at least 23 for special needs children. With severely disabled children, lifetime support may be ordered.

In addition, a parent can request an educational support order. If granted, this will require support through post-secondary education. These require payment until the child has finished the educational program or turns 23, whichever comes first. Support can be ordered through a Bachelor's Degree, a training program, or an Associate's Degree, but will not be ordered through a Masters or equivalent. These orders are NOT automatic. We strongly suggest you use an attorney if you are hoping for an Educational Support Order.

Can't the Parents draw up an agreement without the Courts? 

A Child Support Agreement is not enforceable without a Court Order. Respective attorneys can negotiate an order to present to the Courts to ease the process. But an agreement made between two parents is not enforceable. We do NOT recommend “Gentleman’s Agreements” when it comes to Child Support. It is best that all Child Support Agreements go through the Courts.

We're getting divorced; can we handle Child Support in the Divorce Decree? 

If you are getting divorced, we highly recommend negotiating a support order while negotiating your divorce. Since a divorce must go through the Court eventually, the Child Support can be mandated during the divorce proceedings.

Do I have to establish paternity to get support? 

Yes, you must establish paternity in order to get Child Support. However, a good lawyer can get the Court to order paternity testing as part of the child support filings.

Can I file for support for adopted children? 

Yes, you are entitled to support for any child adopted by two parents. This means if a father legally adopts a child conceived outside the marriage, he will be required to support that child when the marriage is dissolved. If an adoptive father has custody of a child, he is entitled to support from the child's mother. Likewise, if a same sex couple has children, and they split up, the non-custodial parent must pay support.

What if I don't know where the Father (or Mother) is? 

You will need to locate the Father before you can petition for support. This is also something your attorney can help you with. You should still petition for support, even if you cannot locate the Father (or Mother.) Both the Courts and your attorney can help try to locate him (or her.)

Can a support order be changed? 

Yes, you can file for modification of a support order. The whys and hows of modifications will be addressed in a future article. (Subscribe to our blog, Twitter Feed, or Facebook Page to be notified when this article is published.)

Can the other parent just refuse to pay? 

No, the other parent cannot refuse to pay. Child Support Enforcement will be discussed in a future article. But if the other parent doesn't pay, contact your attorney. S/he will help enforce the judgment.

I don't want the other parent to know where I live; can I still file for support? 

Yes, you can obtain Child Support and still protect your privacy. In these cases, it is important to let your lawyer know your concerns. S/he can help shield your personal details throughout the process. S/he can also arrange for payments to be made in a way that will not reveal your details.

Can I file for back Child Support? 

You can, but if it's awarded may depend on the other parent's ability to pay back support. It is always best to file as soon as possible after the baby is born, or after you split as a couple. In some cases, the Child Support process can begin before the baby is actually born, and it can include expenses related to the birth. These cases usually require establishing paternity.

Does This Apply to ALL US States? 

No. Child Support laws still vary from state to state. Although many of the generalities apply, this information is specific to Connecticut.

Do I NEED to hire a Lawyer? Or can I represent myself? 

The law does not require that you have an attorney. In the United States, we still have a right to represent ourselves. But just because we CAN, it doesn't mean we should. The worksheets are extremely complicated. Connecticut judges often take individual circumstances into account when determining payments. A good attorney will help you uncover the other parent's true assets and ensure an accurate financial profile is presented to the Court. A lawyer will help you get higher payments. A lawyer will help get payment procedures mandated in the original agreement to help minimize future trips to Court. A good lawyer will negotiate payment plans based on support payouts, and may even be able to recoup your attorney fees. You will have far fewer headaches in the long run if you work with an attorney.

Summary: 

In this article, we reviewed filing for Child Support. We discussed who is entitled to receive support and how to get the support process started. In Connecticut, a parent is required to pay support, regardless of marital status. The next article in this series will discuss modifications and enforcement.

Here at the Law Offices of Heath D Harte, we strongly believe in a parent's obligation to support his or her child. We believe a custodial parent should receive full financial support from the other parent, regardless of that parent's sex. We work hard to uncover the full extent of the other parent's assets so that the child gets the financial support he or she deserves.


If you are now a single parent or you are about to become one, we'd love to help you get the Child Support your child deserves. Contact us today, and we'll get the process started. We can help you receive Child Support in Connecticut or New York. We are adept with interstate and intrastate support cases.

Silly Connecticut Laws

Connecticut's Strange Laws

Every State has a few archaic laws, and Connecticut is no exception. Silly laws exist, both on a State level and in individual towns. Here are a few of Connecticut's stranger laws.

State Laws:

1. It's illegal to throw away used razor blades.
   
2. It is illegal to bike over 65 mph.
   
3. Town records cannot be kept where liquor is sold.
   
4. It's illegal to buy alcohol after 8 pm or on Sundays.
   (Amended so that you now can buy liquor on Sundays between the hours of 10 am and 5 pm.)
   
5. You may not use a White Cane unless you are legally Blind.
   
6. It's illegal to hunt or discharge a firearm from a Public Highway.
   
7. It's illegal for a pickle not to bounce.
   

City Laws

1. It's illegal to cross a street while walking on your hands (Hartford.)
   
2. It's illegal to walk backwards after Sunset (Devon.)
   
3. A Fire Truck may not exceed 25 mph, even when going to a fire (Guildford.)
   
4. Silly String is banned (Southington.)
   
5. Only white Christmas lights are allowed (Guildford.)
   
6. It's illegal for a barber or beautician to sing, whistle, or hum while working on a customer (Waterbury.)
   
7. A man cannot kiss his wife on Sunday (Hartford.)
   
8. It's illegal to educate dogs (Hartford.)
   
9. An arcade cannot have more than 4 amusement devices and must be licensed (Rocky Hill.)
   

Here at the Law Offices of Heath D Harte, we believe in a strong defense, especially when it comes to silly laws like these. If you are arrested for violating any of these laws, we will help you get your case thrown out.