Category Archives: Wolf & Shore Blog

Supreme Court Rules Selling Stock is Violation of Automatic Orders

The Connecticut Supreme Court has recently ruled that selling stocks is a violation of the automatic orders in a divorce, in the case of O’Brien v. O’Brien.

In any divorce, automatic orders are put in place for both parties. They govern your actions throughout your case, including how you handle your finances, in order to prevent the parties from depleting marital assets prior to dissolution.

In the recent case of O’Brien v. O’Brien, Defendant Wife, Kathleen O’Brien, alleged that Plaintiff Husband, Michael O’Brien, violated automatic orders by cashing in stock options before his divorce was finalized, and without notification to his wife or the court.

Kathleen O’Brien filed a Motion for Contempt with the court, saying that Michael had violated the automatic orders by cashing in his stock for $2.5 million without her permission. She claimed that had he not cashed in the stock, it would have continued to accrue value up to $6 million.

The trial court ruled in favor of Kathleen, and penalized Michael O’Brien financially, but did not find him in contempt of court. Michael O’Brien appealed this decision. The Appellate court ruled in favor of Michael, stating that the trial court could not penalize someone if they are not found in contempt of court.

Kathleen O’Brien took the case to the Connecticut Supreme Court, who ruled that Michael O’Brien did in fact violate the automatic orders, and should bear the losses.

The automatic orders do state that you may use your assets in “the ordinary course of business.” This generally means to pay your bills, including attorney fees, and other regular expenses. Michael O’Brien argued that cashing in his stock options to reduce risk to his portfolio was an ordinary course of business, which it may be for someone who regularly invests.

The Supreme Court ruled that cashing in stock options is not an “ordinary course of business” and a party would need to get consent from their spouse, and permission from the court. Some may argue that this will cause a burden on the courts, with the parties having to go to court each time they wish to liquefy or change an asset.  There is currently a motion for reconsideration pending that has not yet been ruled upon.

Wolf & Shore, LLC regularly handles high-asset divorces, where issues similar to this are likely to arise, and encourages every client to be cautious when making financial decisions. Checking in with your attorney regularly is very helpful, as they will be able to advise you as to whether your actions are in accordance with your automatic orders.

If you have a high asset divorce, seeking representation may be the best course of action. Please contact us here, at 203.745.3151, or at info@wolfandshorelaw.com and set up a confidential consultation.

 

National Family Fun Month

August is National Family Fun Month! It’s a great time to celebrate together, since it’s summer and kids aren’t back to school yet.

As a family law focused firm, Wolf & Shore, LLC sees a lot of different family dynamics, but they all have one thing in common-they can all benefit from some quality time together.

Whether you’re a step-parent, two parents trying to co-parent, or a single parent, take what’s left of this summer and celebrate with your family the best way you know how.

There are so many ways to celebrate with your kids, and if you need some ideas you can check out this article.

If you need help co-parenting, Wolf & Shore, LLC would be happy to help you come up with a plan that’s right for you. We can also refer you to a co-parenting counselor, if necessary. Please contact us for a confidential consultation today by clicking here, calling 203.745.3151, or emailing us at info@wolfandshorelaw.com.

Wolf & Shore, LLC hopes that you get out together as a family and enjoy National Family Fun Month!

National Respect Parents Day

National Respect Parents Day is celebrated on August 1st, 2017. The day is meant to encourage families to become united and strong, by recognizing the leadership roles parents have.

Respecting parents is necessary, but not always easy. Not only do children need to respect their parents, but parents should have mutual respect for each other.

Co-parenting, regardless of whether you’re with the other parent of your child or not, is vital. Respect is a huge part of making any family, blended or not, work. Take National Respect Parents Day to reflect on that, and make sure to respect your co-parent!

If you need help co-parenting, Wolf & Shore, LLC would be happy to help you come up with a plan that’s right for you. We can also refer you to a co-parenting counselor, if necessary. Please contact us for a confidential consultation today by clicking here, calling 203.745.3151, or emailing us at info@wolfandshorelaw.com.

National Parents Day

National Parents Day is the fourth Sunday of July every year. This year it will be celebrated on July 23, 2017.

Wolf & Shore understands just how important the role of being a parent is, and we would like to honor all parents on National Parents Day!

Being a parent isn’t easy, especially if you’re divorced or sharing custody of your children. Co-parenting isn’t always easy, but parents work through it for the sake of their kids.

If you’re a parent, make sure to celebrate you and all of your hard work. If you’re not a parent, appreciate your own and all that they have done for you. Parents consistently make sacrifices for their families, and they deserve to be recognized for that.

If you need help co-parenting, Wolf & Shore, LLC would be happy to help you come up with a plan that’s right for you. We can also refer you to a co-parenting counselor, if necessary. Please contact us for a confidential consultation today by clicking here, calling 203.745.3151, or emailing us at info@wolfandshorelaw.com.

Happy National Parents Day to all of the parents out there. You deserve it!

National Get Out of the Doghouse Day

It’s National Get Out of the Doghouse Day! Celebrated every third Monday in July, this day is about getting back on the right track.

If you’re in “the doghouse” at home, there are plenty of ways to try to get back into “the bighouse.” You could try being more attentive, and spending less time on your phone or social media.

Going to a place that holds meaning to you (and whoever happens to have put you in the doghouse) gives you a good opportunity to talk, address the situation at hand, and apologize.

Sending an appropriate gift is always a nice gesture! A card goes a long way as well. Hand written apologies are heart-felt, and appreciated. It shows that you are committed to fixing the issue!

Sometimes, solving problems at home isn’t as easy as a date night out and a card. Counseling may be necessary, and that’s very common. Seeking some help is never anything to be worried or ashamed about.

If you’re in the doghouse, don’t be afraid to put your best foot forward in trying to fix it. Happy National Get Out of the Doghouse Day!

 

Toss Away the “Could Haves” and “Should Haves” Day

Did you know that Toss Away the “Could Haves” and “Should Haves” Day is an actual holiday? It’s celebrated on the third Saturday of every month. This year, it’s recognized on Saturday, July 15, 2017. Toss Away the “Could Haves” and “Should Haves” Day is about helping yourself. It’s intended to help you let go of the past, and focus on the present. Things are always changing and opportunities are sometimes missed.  However, in most circumstances, the more that you can let go of the “could haves” and “should haves” and embrace the present, the better off you will be.

This is especially true for our family law clients. While many parents feel as though they “could have” or “should have” fought for something previously, or maybe “could have” or “should have” handled a co-parenting issue differently, the fact of the matter is that the time to do that has passed and the best way to handle any current issues is simply to be present in the here and now and focus on what you can do going forward.

It’s easy to lose focus and think about how you can improve your situation, or your child’s, going forward. Wolf & Shore can help you to re-focus your priorities and create a game plan to move forward. Let us help you toss away those “could haves” and “should haves” so that you can focus on what really matters.

Wolf & Shore is here to help! You can contact our office by clicking here to set up a confidential consultation, or you can reach us at 203.745.3151 or info@wolfandshorelaw.com.

Congratulations Attorney Shari-Lynn Cuomo Shore, on being selected to the 2017 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel!

Attorney Shari-Lynn Cuomo Shore, of Wolf & Shore, LLC, has been selected to the 2017 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. This is Attorney Shore’s second year being selected, as she received the same honor in 2016!

NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar, and provide a benchmark for other lawyers to emulate. Members are thoroughly vetted by a research team, selected by a blue-ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law.

Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

Divorce Magazine eNewsletter June 2017

This Divorce eNewsletter is brought to you by Wolf & Shore, LLC and Divorce Magazine.

Children and Divorce

The Habits of Successful Single Parenting 

Learning to go easy on yourself and focusing on the big picture will enable you and your children to make healthy adjustments.

http://www.divorcemag.com/newsletter-blog/habits-of-successful-single-parenting


Coping with Divorce 

The Stages of Divorce Grief 

When faced with the reality of divorce, you’ll likely experience grief that is similar to losing a loved one.

http://www.divorcemag.com/newsletter-blog/stages-divorce-grief

 

Divorce Process

Being Served with Divorce Papers 

The overwhelming question you’re likely to have after being served divorce papers is: what now?

http://www.divorcemag.com/newsletter-blog/being-served-divorce-papers


Divorce Recovery 

Enjoying Father’s Day Post Divorce 

Tips on how to enjoy Father’s Day, post divorce, with or without your kids.

http://www.divorcemag.com/newsletter-blog/enjoying-fathers-day-post-divorce

2017 Memorial Day DUI Roving Patrols & Sobriety Checkpoints for CT

The patrol and checkpoint information is organized by area of the state, district or troop, date and location.

WESTERN

L

05/26/17 Roving Patrols – Route 8 Corridor between exit 37 in Watertown to exit 42 in Harwinton, Routes 6 & 64 in Woodbury, Routes 202 & 254 in Litchfield, Routes 7 & 341 in Kent, Routes 63 & 109 in Morris, Routes 45 & 47 in Washington, Routes 132 & 61 in Bethlehem, Route 4 in Burlington and Route 72 Harwinton

05/27/17 Roving Patrols – Route 8 Corridor between exit 37 in Watertown to exit 42 in Harwinton, Routes 6 & 64 in Woodbury, Routes 202 & 254 in Litchfield, Routes 7 & 341 in Kent, Routes 63 & 109 in Morris, Routes 45 & 47 in Washington, Routes 132 & 61 in Bethlehem, Route 4 in Burlington and Route 72 Harwinton

05/28/17 Roving Patrols – Route 8 Corridor between exit 37 in Watertown to exit 42 in Harwinton, Routes 6 & 64 in Woodbury, Routes 202 & 254 in Litchfield, Routes 7 & 341 in Kent, Routes 63 & 109 in Morris, Routes 45 & 47 in Washington, Routes 132 & 61 in Bethlehem, Route 4 in Burlington and Route 72 Harwinton

05/29/17 Roving Patrols – Route 8 Corridor between exit 37 in Watertown to exit 42 in Harwinton, Routes 6 & 64 in Woodbury, Routes 202 & 254 in Litchfield, Routes 7 & 341 in Kent, Routes 63 & 109 in Morris, Routes 45 & 47 in Washington, Routes 132 & 61 in Bethlehem, Route 4 in Burlington and Route 72 Harwinton

05/30/17 Roving Patrols – Route 8 Corridor between exit 37 in Watertown to exit 42 in Harwinton, Routes 6 & 64 in Woodbury, Routes 202 & 254 in Litchfield, Routes 7 & 341 in Kent, Routes 63 & 109 in Morris, Routes 45 & 47 in Washington, Routes 132 & 61 in Bethlehem, Route 4 in Burlington and Route 72 Harwinton

G
05/26/17 Roving Patrols – Interstate 95 in New Haven area

05/27/17 Roving Patrols – Interstate 95 in Bridgeport area

05/28/17 Roving Patrols – Interstate 95 in Stamford area

05/29/17 Roving Patrols – Route 15 from New York State Line to Sikorsky Bridge

A
05/26/17 Roving Patrols – Interstate 84 in greater Waterbury area and greater Danbury area

05/27/17 Roving Patrols – Interstate 84 in greater Waterbury area and greater Danbury area

B
05/26/17 Roving Patrols – Route 8 Limited Access Highway and Route 4 in Towns of Torrington and Goshen

05/27/17 Roving Patrols – Route 8 Limited Access Highway and Route 44 in Towns of Winsted, Barkhamsted and New Hartford

05/28/17 Roving Patrols – Route 7 and Route 44 in Towns of North Canaan, Falls Village and Norfolk

05/29/17 Roving Patrols – Routes 44, 202, 219 in Towns of Torrington, New Hartford and Barkhamsted

CENTRAL

H
05/26/17 Roving Patrols – Within Greater Troop H patrol area

05/27/17 Roving Patrols – Within Greater Troop H patrol area

I
05/26 /17 DUI Sobriety Checkpoint – Interstate 91 northbound exit 16 in Meriden. This will be in conjunction with the Breath Alcohol Testing Mobile Unit

05/27/17 Roving Patrols – Within Greater Troop I patrol area

05/28/17 Roving Patrols – Within Greater Troop I patrol area

05/29/17 Roving Patrols – Within Greater Troop I patrol area

F

05/26/17 Roving Patrols – Interstate 95 from, and Routes 1 and 9 in Troop F patrol area

05/27/17 Roving Patrols – Route 9 and Route 66 in Middlefield

05/28/17 Roving Patrols – Interstate 95 and Route 1 and 9 in Troop F patrol area

05/29/17 Roving Patrols – Route 9 and Route 66 in Middlefield

EASTERN

C
05/26/17 Roving Patrols – Interstate 84 and Routes 30, 32, 44, 74, 83, 190, 195 in towns of Ashford, Ellington, Mansfield, Somers, Stafford, Tolland, Union and Willington

05/27/17 Roving Patrols – Interstate 84 and Routes 30, 32, 44, 74, 83, 190, 195 in towns of Ashford, Ellington, Mansfield, Somers, Stafford, Tolland, Union and Willington

05/28/17 Roving Patrols – Interstate 84 and Routes 30, 32, 44, 74, 83, 190, 195 in towns of Ashford, Ellington, Mansfield, Somers, Stafford, Tolland, Union and Willington

05/29/17 Roving Patrols – Interstate 84 and Routes 30, 32, 44, 74, 83, 190, 195 in towns of Ashford, Ellington, Mansfield, Somers, Stafford, Tolland, Union and Willington

D
05/26/17 Roving Patrols – Routes 6, 12, 14, 44, 97, 169, 197, 198 and Interstate 395 in towns of Killingly, Brooklyn, Thompson, Woodstock, Chaplin, Hampton, Eastford, Sterling, Putnam and Pomfret

05/27/17 DUI Sobriety Checkpoint – Route 101 at St. Joseph’s Church Parking Lot in Killingly. This will be in conjunction with the Breath Alcohol Testing Mobile Unit

05/28/17 Roving Patrols – Routes 6, 12, 14, 44, 97, 169, 197, 198 and Interstate 395 in towns of Killingly, Brooklyn, Thompson, Woodstock, Chaplin, Hampton, Eastford, Sterling, Putnam and Pomfret

05/29/17 Roving Patrols – Routes 6, 12, 14, 44, 97, 169, 197, 198 and Interstate 395 in towns of Killingly, Brooklyn, Thompson, Woodstock, Chaplin, Hampton, Eastford, Sterling, Putnam and Pomfret

E
05/26/17 Roving Patrols – Routes 1, 2, 2A, 12, 32, 82, 85, 97, 117, 138, 164, 165 and 207 Interstates 95 and 395 in Sprague, Baltic, Voluntown, Griswold, Preston, Norwich, New London, Groton, Groton Town, Gronton City, East Lyme, Waterford, Stonington, North Stonington, and Montville.

05/27/17 Roving Patrols – Routes 1, 2, 2A, 12, 32, 82, 85, 97, 117, 138, 164, 165 and 207 Interstates 95 and 395 in Sprague, Baltic, Voluntown, Griswold, Preston, Norwich, New London, Groton, Groton Town, Gronton City, East Lyme, Waterford, Stonington, North Stonington, and Montville.

05/28/17 Roving Patrols – Routes 1, 2, 2A, 12, 32, 82, 85, 97, 117, 138, 164, 165 and 207 Interstates 95 and 395 in Sprague, Baltic, Voluntown, Griswold, Preston, Norwich, New London, Groton, Groton Town, Gronton City, East Lyme, Waterford, Stonington, North Stonington, and Montville.

05/29/17 Roving Patrols – Routes 1, 2, 2A, 12, 32, 82, 85, 97, 117, 138, 164, 165 and 207 Interstates 95 and 395 in Sprague, Baltic, Voluntown, Griswold, Preston, Norwich, New London, Groton, Groton Town, Gronton City, East Lyme, Waterford, Stonington, North Stonington, and Montville.

K
05/27/17 Roving Patrols – Route 2, 6, 11, 32, 66, 82, 85, 87, 149, 203, 207, 316 and 354 in the towns of Andover, Bolton, Bozrah, Colchester, Columbia, East Haddam, Franklin, Hebron, Marlborough, Salem, and Windham

05/28/17 Roving Patrols – Route 2, 6, 11, 32, 66, 82, 85, 87, 149, 203, 207, 316 and 354 in the towns of Andover, Bolton, Bozrah, Colchester, Columbia, East Haddam, Franklin, Hebron, Marlborough, Salem, and Windham

Imputed Income for Child Support

Do you have a pending family law matter involving financial issues? Are you concerned that your partner is unemployed or underemployed and it will affect the final settlement? Just because a person isn’t currently working, or is not currently working in a field they had previously been in, does that mean that you need to be negatively affected by it. Earning capacity is often taken into consideration in divorces, custody and child support matters (as well as post-judgment modifications). If you have concerns about this issue, you should speak with your attorney and see if the opposing party can be imputed at minimum wage.

The term “imputed income” refers to the treatment of an individual’s income as if it is greater than what they are actually earning, and is usually based on a previously established earning capacity, prior work history or even minimum wage, as applicable. Imputed income is most commonly used in the determination of child or spousal support in family law matters. For example, if the court, when calculating child support payments, finds that one parent is unemployed, or underemployed (earning less than he or she is capable), the court may “impute” a minimum level of income to that parent.

Wolf & Shore, LLC is experienced in handling divorce, custody and post-judgment matters with imputed income. If you are in need of counsel, please contact us for a confidential consultation.