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Joseph S Hubicki

Joseph Hubicki’s Answers

660 total


  • How do I or my parents gain custody of my niece?

    My brother who's 20 and his girlfriend, who's 18, is pregnant and expecting their daughter in February. They are both unemployed. She is a high school drop out. They have no money and live with her parents. What are the procedures for my parents t...

    Joseph’s Answer

    Connecticut Statute Section 46b-57 permits a non-parent third party to petition the court for custody of a minor child, and Section 46b-59 permits a third party to petition for visitation with the child. There is a constitutional right, however, for a parent to raise a child as he or she sees fit. A competent parent has no obligation to allow access to the child to any other person. The biological parents are presumed to be the best custodian of the child. the Supreme Court in Connecticut has held that this presumption "can be rebutted only in exceptional circumstances and only upon a showing that it would be clearly damaging, injurious or harmful for the child to remain in the parent's custody.” Fish v. Fish, 285 Conn. 24 (2008). So unless the parents consent to you or your parents gaining custody, or there is a judicial finding of child neglect or child abuse, it is extremely unlikely that such a request for custody would be granted.

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  • Child Support question - New York State?

    Hello, I have a child support question regarding termination of support in the state of New York. I am a non custodial parent of 3 children, 2 of which will be turning 21 years of age this coming January 4th. My youngest will still be 19 at th...

    Joseph’s Answer

    You definitely must not expect this to happen automatically. You should file a petition to terminate child support for the children who have turned 21, and have the order modified to reduce the support to pay for the one child (17%). The petition should be filed in Family Court in the county where the order originated. Hope this answers your question.

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  • Does child support get taken out of the business income or does it come out of my personal income?

    If I start a business I want to know if child support gets calculated from the income of my business or what my business pays me?

    Joseph’s Answer

    What is considered "income" for purposes of calculating child support is defined by statute in the Child Support Guidelines, which provide as follows:
    (11) “Gross income” means the average weekly earned and unearned income from all sources before deductions, including but not limited to the items listed in subparagraph (A) of this subdivision, but excluding the items listed in subparagraph (B) of this subdivision.
    (A) Inclusions
    The gross income inclusions are:
    (i) salary;
    (ii) hourly wages for regular, overtime and additional employment not to exceed 45 total paid
    hours per week;
    (iii) commissions, bonuses and tips;
    (iv) profit sharing, deferred compensation and severance pay;
    (v) tribal stipends and incentives;
    (vi) employment perquisites and in-kind compensation (any basic maintenance or special need
    such as food, shelter or transportation provided on a recurrent basis in lieu of or in addition
    to salary or wages);
    (vii) military personnel fringe benefit payments;
    (viii) benefits received in place of earned income including, but not limited to, workers’
    compensation benefits, unemployment insurance benefits, strike pay and disability insurance
    benefits;
    (ix) veterans’ benefits;
    (x) social security benefits (excluding Supplemental Security Income (SSI) for a parent or a
    child), including dependency benefits on the earnings record of an insured parent that are
    paid on behalf of a child whose support is being determined;
    (xi) net proceeds from contractual agreements;
    (xii) pension and retirement income;
    (xiii) rental income after deduction of reasonable and necessary expenses;
    (xiv) estate or trust income;
    (xv) royalties;
    (xvi) interest, dividends and annuities;
    (xvii) self-employment earnings, after deduction of all reasonable and necessary business
    expenses;
    (xviii) alimony being paid by an individual who is not a party to the support determination;
    (xix) adoption subsidy benefits received by the custodial parent for the child whose support is
    being determined;
    (xx) lottery and gambling winnings, prizes and regularly recurring gifts (except as provided in
    subparagraph (B)(v) of this subdivision); and
    (xxi) education grants (including fellowships or subsidies, to the extent taxable as income under
    the Internal Revenue Code).
    (B) Exclusions
    The gross income exclusions are:
    (i) support received on behalf of a child who is living in the home of the parent whose income is
    being determined;
    (ii) SSI payments, including those received on behalf of a child who is living in the home of the
    parent whose income is being determined;
    (iii) federal, state and local public assistance grants;
    (iv) earned income tax credit; and
    (v) the income and regularly recurring contributions or gifts of a spouse or domestic partner.

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  • If you're the defendant in a non-contested divorce and don't want to appear for the final hearing, what are the ramifications?

    Would a consent judgement ahead of time be enough to protect my property if we were to agree to everything? My other half filed for divorce and has already vacated the home. We've already separated all assets... I just don't want to have to be in ...

    Joseph’s Answer

    What you need is a written settlement agreement. The agreement would set out all the terms of the divorce, even if you have already separated everything, it still should be in writing and filed with the court at the time of the divorce. Although it is not a requirement that you attend the uncontested hearing, it is very important that you go and to not go could be a huge mistake.

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  • I'm divorced and have recently remarried. Will that affect child support payment or does new husbands income not come into play

    My house (that ex lives in) is still on the market so I don't pay child support yet until it sells. I currently pay the mortgage for him to live there. Will my child support payment increase because I have a new husband now or does his income h...

    Joseph’s Answer

    The income of your spouse is not considered as part of your income for purposes of calculating child support.

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  • Is there a better way to protect an LLC member interest from spouse than a postnup plus spousal consent in operating agreement?

    I'm a married CT resident who needs to protect a Wyoming LLC from spousal equity / financial interest in case of divorce. I am ready to execute the best possible legal protection plan at a reasonable price.

    Joseph’s Answer

    • Selected as best answer

    A well written post nuptial agreement will be enforced in the event of a divorce. The agreement can provide for all contingencies. There is a strong preference for enforcing these types of agreements in under Connecticut law.

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  • What form do I file if my ex refuses to sign off on passports so that we can go on vacation with our entire family for 5 days?

    Family trip, control freak ex who just says no to be difficult. We each have 2 vacation weeks per year. We went on a cruise last year but didn't need the passports. I do not have an attorney. I am self represented. I am a teacher in the same job f...

    Joseph’s Answer

    You have to make a motion for an order requiring him to sign for the passports or an order that his signature is not required. There is no particular form. You should use a family law attorney for this. Depending on the wording of your agreement, the court could order him to pay your lawyer's fee.

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  • Is alimony paid by one parent counted to add in income of receiving parent and deduct from paying parent in child support cal

    *While calculating child support amount (1) is alimony counted to deduct from paying parent s net income (noncustodial ). and added to net income of receiving parent( custodial)

    Joseph’s Answer

    • Selected as best answer

    For calculating child support under Connecticut law, the amount of support is based on the income of both parents. Income is defined by the Child Support Guidelines as "gross income" minus "allowable deductions." Gross income does NOT include alimony being received by the other parent. So, the parent receiving child support does not include the alimony received from the other parent as income for purposes of calculating the basic child support obligation. [Alimony would be counted as income only if it is being received from a previous divorce.] So, in calculating child support the alimony being paid by one of the parents is not counted as income to the receiving parent and is not deducted from the income of the paying parent. I hope this answers your question.

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  • What will happen in Child support contempt case?

    Ex owes over $9k in backed child support. He has an income withholding order but hasn't worked in over a year because he says he can't find a job. He lives with his parents n they supposedly pay for all his expenses. He is not disabled. He is cap...

    Joseph’s Answer

    • Selected as best answer

    In order for the court to find contempt generally you have to prove that he has the ability to pay, but deliberately is refusing to pay. The child support order stays in place until it is modified by the court. So if he lost his job, then it is up to him to file for a modification. Without the modification the arrears continue to accrue. There are a number of things that you need to demand, including an accounting of his efforts to find employment. If he is employable, then his failure to diligently look for work could be seen as a contempt. If you ask the court for him to be incarcerated, then the court must appoint a lawyer for him, and that can delay things. Bottom line, it is not an easy situation and you really do need a lawyer to give you your best chance for success.

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  • I'm 17 by boyfriend is 26 and I just found out I was pregnant. Is there anything legally that cps or my parents can do to him.

    Everything was consentual I just don't want to see him get arrested for something I wanted

    Joseph’s Answer

    If you are not going to get married or live together then you should get a custody and support order from the Family Court in your county after the child is born.

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