The Fair Housing Act: Does it Apply to You?

The Fair Housing Act:

Does it Apply to you?

If you are buying, selling, renting, or investing in real estate, you need to know about the Fair Housing Act.  Initially passed in 1968, and amended many times since, the Fair Housing Act prohibits discrimination in real estate transactions.

What is the Fair Housing Act (FHA)?

According to HUD.gov: "Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and disability."

In a nutshell, this means you cannot discriminate against potential buyers or lessees when you are trying to rent or sell a unit.  You cannot refuse to rent to someone because they have children or might be a "bad fit" for the neighborhood.

Who is NOT Protected Under The Fair Housing Act?

The Fair Housing Act does not apply to age discrimination.  It does not apply to housing managed by certain non-profit disorganization or by private clubs that limit occupancy to members.  Certain owner-occupied buildings with no more than four units, are exempt, as is single-family housing sold or rented without the use of a broker.  When in doubt as to whether FHA applies, consult with a Real Estate Attorney.

How Does This Impact Me as a Landlord?

This effects both the tenant screening and advertising process.  For example, you cannot run an ad for a property stating "no children," unless the property is located in an "over-55" type community.  You cannot advertise "Nice Latino neighborhood; perfect for Spanish speaking individuals."  Doing so may result in a discrimination claim under the Fair Housing Act.  You may not ask questions during the tenant screening process that fall into any of those areas.

For example, you have a single family house you are trying to sell or rent.  Your first appointment consists of a couple and a young baby.  You cannot ask that couple whether they are married, or even if both individuals are parents of that baby.  You may only ask if all three residents will be living in the unit.  Is a person in a wheelchair shows up to look at the unit, you may not ask if that person is capable of living in a unit with stairs in the front.  You may only ask if the individual would need to make any modifications to the property in order to live there.

What Kind of Screening May I Do?

In most states, tenant screening is limited to a credit and background check, performed by an agency licensed to perform those checks.  You are not allowed to  perform a background check by running your own Google Search.  In addition, only certain types of things may be considered.  You may check to see that the person has the financial resources to pay the rent in a leasing situation.  When selling property, the banks are allowed to do a much more thorough financial check.  Most sellers use the mortgage documents as evidence of financial capability.  Most of the major credit bureaus offer background checks as a part of the credit check.

When it comes to rejecting someone based on a background check, you need to consult with a Real Estate Attorney to determine if a criminal history is relevant under the Fair Housing Act.  Most misdemeanors cannot be held against an individual in housing applications.  Things like drug trafficking, sex offenses, and certain felonies may be considered.  If a background check exposes anything of concern, it is best to consult with an attorney before rejecting an applicant.

So in a nutshell, you may perform a credit and background check.  However, you may NOT interview potential applicants, and lease or sell depending on those answers.  You may not ask any questions pertaining to the applicants' lifestyle.

What if Someone Thinks I've Discriminated?

If an applicant feels like s/he has been discriminated against, they may file a complaint for free with HUD.  The individual has one year to file with HUD.  The individual may also elect to file a civil case using a private attorney.  Or the individual may choose to file BOTH a civil case and a HUD complaint.  If this occurs, it may lead to a mediation conference or to an actual court case.  If it is found that you have discriminated,  you can be ordered:

• To compensate you for actual damages, including humiliation, pain and suffering.
• To provide injunctive or other equitable relief, for example, to make the housing available to the applicant.
• To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $16,000 for a first violation and $70,000 for a third violation within seven years.
• To pay reasonable attorney's fees and costs.

Does the Americans with Disabilities Act (ADA) Apply to Renting or Selling Housing?

Usually, the ADA does not apply, but there are exceptions to this rule.  If the property is advertised for short-term rentals, then the ADA does apply.  If the property receives any type of Federal money, the ADA applies.  (For example, if you lease an investment property under Section 8 assistance, the ADA may apply.)  However, in most cases, when selling or renting real estate, it is the Fair Housing Act, rather than the ADA that applies.  

Where Can I Find Out More about the Fair Housing Act?

HUD is responsible for overseeing the Fair Housing Act.  Your local HUD office, or HUD.gov can provide more information about the Fair Housing Act.  This includes fact sheets for buyers, sellers, landlords, and tenants.  In addition, a good Real Estate Attorney can answer all of your Fair Housing Act questions.

Summary

This article briefly examined the Fair Housing Act and how it applies to buying, selling, and leasing property.  The Fair Housing Act applies to ALL real estate transactions in the United States.  Its limitations must be kept in mind when selling or leasing property.

If you at all follow this blog, you know that we feel strongly that ALL Real Estate Investors have a good attorney on call.  We suggest you have your attorney review ALL documents associated with any real estate transaction.  However, having your lawyer review ads and property applications is even more essential.  Violating the Fair Housing Act carries stiff penalties, and it is very easy to violate.  An attorney can help you word your documents so that you perform adequate screening, while not inadvertently violating the Fair Housing Act.  

Here at the Law Offices of Heath D Harte, we find many of our clients need this type of assistance. We are skilled at developing ads and screening documents that neither violate the Fair Housing Act nor the Americans with Disabilities Act.  We find real estate investors regularly include verbiage that may violate the FHA.  Attorney's fees are much cheaper than the fine you will receive if you violate The Act.

If you are in the Connecticut or New York area, we are here to help you with all of your Real Estate Law needs.  This includes developing effective ad copy and efficient screening procedures, all within any laws that may apply.  This is a very expensive area in which to make mistakes.  

The Illinois Land Trust

This week, we continue our series on Land Trusts. Today, we are focusing on the Illinois Land Trust, the trust agreement that forms the basis for all modern American Land Trusts.

The Illinois Land Trust

Any discussion of Land Trusts would be incomplete without a discussion of The Illinois Land Trust. Now, as we learned last week, Land Trusts date back to Roman times. However, Illinois was the first US state to formalize land trusts, and all Land Trusts in the US are based on the Illinois Land Trust. They have influenced US Land Trust development so much that ALL land trusts in states without specific statutes to support them refer to any land trust as an Illinois Land Trust.

The Illinois Land Trust Model

The mid-1800s were notable for the development of railroads across the US. Railroad Magnates were some of the first American businessmen to begin utilizing land trusts for property acquisition. The land the companies needed to lay the actual tracks was very often put into a land trust.

In the late 1800s, the city of Chicago began expanding. This period saw the first skyscrapers being built in the city, and the local aldermen had to consider numerous building project proposals. Many of these aldermen wanted to grab their own piece of the proverbial pie and invest in the burgeoning city. Unfortunately, aldermen were banned from voting on any project in which they held any type of financial interest. Additionally, they couldn't vote on any project if they owned land nearby. In order to skirt this rule, the aldermen began using Land Trusts to hide these financial interests.

Of course, this led to the validity of such trusts being questioned. Litigation ensued, and the Supreme Court of Illinois upheld the trusts' validity. However, the court decreed that in order for these trusts to be valid, the trustee must have an active, rather than a passive role. The trustee must have some sort of duties, however minor, for the set up to be valid. Thus, the trustees doing what the beneficiaries direct them to do is considered enough of a “duty” to constitute an active role.

The Illinois Land Trust is based on common law, originally English, but widely followed in the US in the 1800s. It has been further refined and validated by case law over the last century. The Illinois Model is a revocable trust, with its primary purpose being to hold title to property. Its primary purpose is NOT to operate a business or to make money under the law. Thus, it is not eligible for things like Chapter 11 Bankruptcy Reorganization. The Illinois model differs from the common law model in that in an Illinois land trust, the trustee has both legal and equitable title. (In the common law model, the trustee has legal title, while the beneficiary has equitable title.) In the Illinois Land Trust, the beneficiary has a personal property interest only.

The Illinois Model was the first to define a Land Trust, as well as state it consists of a Trust Agreement and a Deed in Trust. Typically, the Illinois Land Trust is for a 20 year period. Historically, banks acted as trustees, but few do this any more. In Illinois, there is a title company whose sole business is to act as trustee. In many cases, a lawyer may act as trustee. It is appropriate for an entity to receive a nominal fee for acting as the trustee.

Over the last 100+ years, the Courts in Illinois have continued to uphold the validity of land trusts. Some notable cases are: Robinson vs. The Chicago National Bank (1961), Chicago Federal Savings and Loan Association vs. Cacciatore (1962) and BA Mortgage vs. Aerican National Bank and Trust (1989.)

The Illinois Model in Other States

Of course, the Illinois Land Trust is the basis of statutes in the State of Illinois. But Illinois is not the only state to have statutes relating to Land Trusts. Now, Illinois, Florida, Georgia, Hawaii, Indiana, North Dakota, and Virginia all have state statutes relating to Land Trusts. Arizona, California, and Ohio have upheld Land Trusts through case law. (In California, Land Trusts are referred to as “Title Holding Trusts.”) Montana, Kansas, and Massachusetts have also upheld Land Trusts in court cases. In most states, the validity of Land Trusts is supported by common law. Only Tennessee and Louisiana specifically do not recognize Land Trusts.

Whether you live in a state that has a specific statute or not, it is ALWAYS best to speak with a qualified attorney when contemplating a Land Trust. And this attorney needs to have a specific expertise in Land Trusts, as opposed to just trusts in general. This attorney should know about how local courts have ruled in Land Trust cases, as well as how courts across the country have treated Land Trusts. Again, the Illinois Land Trust forms the basis of case law in all states, but especially in states without their own specific statutes. In states with specific statutes, it is imperative your lawyer is familiar with all the nuances of the state-specific laws as well as court precedents.

The Illinois Land Trust and Real Estate Investors

Despite the fact its stated purpose is “to hold title to property,” there is nothing that precludes an investor from using a Land Trust. In fact, many Real Estate Investment Clubs (REICs) form trusts with the members being the beneficiaries. Florida does place some different restrictions on corporate owned Land Trusts, but these exist only to clarify legal responsibilities for different land-associated liabilities. They are not designed to deter the use of a land trust in any way, shape, or form. Walt Disney would never have acquired the land needed for Disney World without the use of a Land Trust. In fact, we specifically recommend Real Estate Investors consider using Land Trusts in conjunction with real estate investments. Later posts will elaborate on why Land Trusts for investors are a very good thing.

Summary

In this article, we reviewed the Illinois Land Trust model, its history, and its applicability to Land Trusts in other states. We discussed how the Illinois Model provides the basis for Land Trusts in most other states.

We will continue to delve into Land Trusts in the coming weeks, and we will elaborate on the use of Land Trusts with investment properties. We will also focus a little more on the pros and cons, and what a Land Trust can and cannot do for you. As always, we recommend you consult an attorney when trying to implement anything you have learned here. This series can only cover generalities; nothing here should be construed as legal advice, and by reading this, you have not initiated an attorney-client relationship. We would be happy to discuss such a relationship, and should you wish to have one, you may contact our offices.

And again, please use the comment form below to ask us any general questions you may have about Land Trusts or anything contained in our blog posts. You may also reach out to us through G+, Twitter, or Facebook (links in the sidebar.) We look forward to continuing this journey with you in the coming weeks.

Land Trusts

Land Trusts:

Prologue

Happy New Year to all of our readers.  To start the New Year, we'd like to introduce you to a guest blogger: Laurel Nevans.  She has been a Home Owner for decades, and now, she is considering becoming an investor.  However, she had never explored the idea of Land Trusts until recently. Laurel is interested in building a rental portfolio in Florida, an area particularly ripe for real estate investment.  When we asked her if she'd ever considered investigating a Land Trust, she confessed she knew nothing about them.

Laurel has generously agreed to work with us to inform our readers. As she learns all about the ins and outs of Real Estate Trusts, she'd like to invite our readers along on the journey.  As we open 2016, we'll all learn about  the ins and outs of Land Trusts.  We will start by reviewing exactly what is a land trust.  From there, we will learn about when it might be beneficial to set up a land trust, as well as when a land trust might not be the best choice.  We will review the pros and cons of land trusts, as well as a lawyer’s role in developing one.  We'll discuss some Frequently Asked Questions (FAQs) about Land Trusts, and we'll answer reader's questions.  We'll also discuss whether Land Trusts are good investment vehicles, and what are the limitations.  When we are finished, we will compile all of the information into an easy to reference ebook, including document samples.

Of course, none of this should  be construed as legal advice.    You should always consult with an attorney in your jurisdiction before taking action as a result of the information given to you here.  The information that will be given to you here will help prepare you to meet with an attorney and make informed questions as well as give you a better idea of what an attorney can and cannot do for you.

We invite all of our readers to take this journey along with us.  To be notified when new articles are posted, please follow us.  You may subscribe to the blog using the subscription form in the right sidebar, or you may follow us on Facebook, G+ or Twitter to be notified when new chapters are posted.

We also invite all of our readers to submit questions to be answered in future posts. Please submit questions using the comment section of this article.  You may also tweet us your questions or comment on the associated Facebook post.

Here at the Law Offices of Heath D Harte, we get a lot of inquiries about Land Trusts.  Although a lot of people are knowledgeable about real estate in general, we find few are aware of the benefits of Land Trusts or the intricacies involved with setting up trusts.  Hence, we hope you will take this journey with us to fill the gaps in your knowledge.  Please invite your friends and colleagues to join us.

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

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.

Child Custody: Does it Mean Litigation?

Child Custody: Does it Mean Litigation?

When the word “custody” is mentioned, people picture a projected legal battle.  They picture long days in court, full of airing one's dirty laundry in public.  Custody issues can get messy, but they don't necessarily mean long days before a judge.  Today, most custody issues are hammered out in negotiations.  This is true for both married parents and non-married parents alike.

The first step in gaining custody is to ask for it.  If the parents are married, that step is a part of divorce proceedings.  If the parents are not married, the father may have to file to establish paternity.  This may involve a Court Order, but it does not have to.  In most cases, establishing paternity is mediated through the lawyers.  If the mother is married to someone else, things get a little more difficult.  In most States, if a woman is married, her spouse is legally presumed to be the Father.  Because of adultery laws are still on the books in many states, many women will fight having a man she is not married to being declared the father.  That does not mean the fight for father's rights is automatically lost.  However, there is a greater likelihood of needing court intervention to order a paternity test.

Over the years, mothers have been more likely to ask for primary custody, but that too is changing.  Today, custody is being awarded to the father in more and more cases, regardless of whether the parents were married at the time the child was conceived.  Men are fighting their Baby Mamas for custody and are winning.  In fact, the courts are looking at things like financial and emotional stability over sex of the parent.
Ideally, the lawyers battle in their offices so that the issues are settled before things ever reach the courts.  Family Court should be a LAST resort, only after discussions between the parents have failed.  In fact, the great custody myth is that the majority of cases are battled out in Family Court.  That is not the case.

According to DivorcePeers.com () most custody is decided through negotiations:

• 51% agreed on their own
• 29% settled without third party involvement
• 11% decided during mediation
• 5% resolved differences after a custody evaluation
• 4% went to trial (of the 4% that initiated litigation, only 1.5% actually completed it)

So what is the likelihood YOUR custody battle will involve litigation?  How able are you to communicate with your co-parent?  Do both parents want sole custody, or do they want co-parenting?  Does the other parent have issues that could potentially endanger your child?  Will the parents reside near one another, or will they be separated by distance?  How reasonable is your co-parent?  Even if the two of you cannot communicate, can you do so through third-parties?

The fewer of these issues that apply to you, the less likely you will need a court to decide them.  If custody is fairly straightforward, the courts will not be involved at all.  And if you can work the issues out between your attorneys, you will not need to litigate.

This is where finding the right attorney can be key.  Your lawyer needs to understand all of the issues, as well as your desires.  S/he needs to be skilled at looking at ALL the problem areas and advising you accordingly.  S/he needs to be able to help you get past your stubbornness and anger.  S/he needs to help you stand strong on the big points and compromise on others.

Of course, any time there are unacknowledged endangerment issues, the likelihood of court involvement is greater.  The more severe these issues, the greater chance the offender will concede before you get to court.  The goal is to work everything out, so that you just present an agreement for the court to ratify.  And the more reasonable you are throughout the settlement process, the greater the chance you will prevail on the issues that need court intervention to settle.  And if you have trouble being reasonable, make sure your attorney can be for you.

So does custody necessarily mean a huge court fight?  The answer is no, it does not.  Most of the battle is fought in the lawyer's offices.  But the first step is telling your attorney to fight.  The second step is being willing and able to compromise along the way.  The goal is actually to keep the fight OUT of the courtroom. 

Here at the Law Offices of Heath Harte, we believe in negotiating custody, as much as possible, outside of the courts.  We will help you look objectively at the issues surrounding your case, both good and bad.  We will explain all of the factors used in determining custody, and just how these factors apply to your case.  We will look at all of the financial and emotional issues.  We will truthfully examine the barriers facing you along the way.  We will help you determine what is realistic, and what is truly best for the children involved.  We will help you prepare your strongest argument.  We will negotiate as much as possible without litigation.  If we do need the court's involvement, we'll use our knowledge of case law and judge's behavior to advise you where you should bend, and where you should stand strong.  We believe that parents, with all their strengths and weaknesses, are the best ones to determine what is best for their children.  We believe in keeping the decisions with the parents and out of the courts.

Fighting for Paternal Rights

Fighting for Paternal Rights

Today, the “traditional family” is becoming a rarity.  Today, the single-parent home, the blended family, and shared custody are at least as prevalent as traditional families.  We also have same-sex couples bearing or adopting children.  In the old days, when a family broke up, primary custody almost always went to the mother.  Today, that is no longer the case. 

Many fathers still assume that if they leave their spouses, that means the end of raising their children. Unmarried fathers assume they have no chance for primary custody.  Thankfully, that is no longer the case.  More and more fathers are fighting for primary, or even sole custody and are winning.

The advances, in part, are due to The Fathers' Rights Movement. Starting in the 70s, groups of men began organizing to end the bias towards placing children with Mom.  Groups began to form, including Families Need Fathers and the Lone Father Association.   (See http://en.wikipedia.org/wiki/Fathers%27_rights_movement.)  The movement continued and expanded with the rise of the Internet.  Now, there are a plethora of groups organizing through social media sites like Twitter, Facebook, and Reddit.   Some of these groups advocate and lobby, while others offer support.  They also help raise awareness of why the mother may not be the best parent for the children.  Similar groups exist that stress the importance of shared parenting. These groups have helped things like paternity leave for fathers to become a reality.

Several celebrities have also helped raise the profile of fathers' rights.  In 2014, the actor Jason Patric was denied visitation and was barred from seeing his baby, conceived through IVF. After initially being denied even visitation, he sued, and won, and was granted full parental rights.  

Also in 2014, skier Bode Williams was casually dating a woman who became pregnant.  She decided to move to New York to go to college.  Bode successfully sued for father's rights, gaining primary custody of his baby.   Halle Berry and Gabriel Aubry dominated the tabloids in 2012, 2013, and 2014, with Halle fighting to deny visitation, and Gabriel fighting, and winning his parental rights.  Aubry successfully kept Berry and her new husband from moving their child out of the country.  This year, NFL Hall of Famer Barry Sanders joined the ranks of those fighting for Fathers' Rights.

Today, there is no reason for a loving father to back down.  You do not have to be a celebrity to successfully gain custody of your child.  All you need is will, determination, and the right lawyer.

Here at the Law Offices of Heath Harte, we believe custody needs to go to the better parent.  In many cases, that is the father.  We also believe that most children can benefit from having a relationship with both parents.  If you are a father, and you are looking at establishing your paternal rights, we can help.