Child support is calculated using the Connecticut Child Support Guidelines (CSG). Conn. Gen. Stat. §46b-84 (Aug. 1999). Under the guidelines, the amount of total support is calculated and then each parent's portion of the total support is calculated pro rata according to their respective incomes.
Child support is calculated using the Connecticut Child Support Guidelines (CSG). Conn. Gen. Stat. §46b-84 . Under the guidelines, the amount of total support is calculated and then each parent's portion of the total support is calculated pro rata according to their respective incomes. The Guidelines provide that judges have the discretion to deviate from the guideline amounts in certain specified situations. For instance, the Court may take into consideration a) the educational needs of the parents; b) the needs of other children supported by the non-custodial parent; c) extraordinary visitation expenses; and d) whether a deviation should be allowed due to shared or split custody situations.
The Guidelines provide that the parents shall also share unreimbursed medical expenses and work-related day care costs. These expenses are shared pro rata according to income after adding in the child support paid to the receiving parent.
New Spouse or Domestic Partner's Income
The guidelines provide that the court cannot consider a new partner's income, but can consider a new spouse's contributions or gifts as a deviation criteria, "if it is found that the parent has reduced his or her income or has experienced an extraordinary reduction of his or her living expenses as a direct result of such contributions or gifts." The authors of the Guidelines intended to incorporate the holding of the Supreme Court's March 1998 decision in Unkelbach v. McNary, 244 Conn. 350, 710 A.2d 717 (1998). In Unkelbach, the court ruled that a spouse or domestic partner's contributions toward living expenses could be taken into consideration by the court. Under the Unkelbach approach, the domestic partner's income is therefore not included in the calculations, but the partner's contributions to living expenses would be treated as gifts.
Other Reasons to Deviate from the Guidelines
The court must articulate a specific basis for deviation based upon the guidelines; for example, other assets available to a parent, earning capacity, extraordinary expenses for the care of a child, extraordinary parental expenses (significant visitation, job or medical medical expenses), needs of a parents other dependents, coordination of total family support (division of assets, alimony and tax planning considerations).
Child Support and Shared and Split Custody
Under the Connecticut Child Support Guidelines, there is no presumption that shared custody will either reduce or eliminate the need for child support. Shared custody is one of the deviation criteria recognized by the Child Support Guidelines. The guidelines provide that deviation is warranted only when (1) the arrangement substantially reduces the custodial parent's expenses or substantially increases the non-custodial parent's expenses for the child and (2) sufficient funds remain for the parent receiving support to meet the basic needs of the child after deviation. "Shared physical custody" is defined as a situation where the non-custodial parent exercises care and control of the child "for periods substantially in excess of a normal visitation schedule."
A common misunderstanding is that parents do not have to pay child support in shared parenting situations. Shared custody means that both parents share all parenting responsibilities, including financial responsibilities. Each parent is therefore required to provide a portion of all the housing, food, clothing, education, medical, and social expenses of the child. This can be accomplished, for example, by setting out specifically the terms of the shared financial responsibilities in the Judgment (decree) or by pegging one parent's share of the expenses to the Child Support Guidelines. Whether the shared financial arrangement between the parties is flexible or fixed will depend on the particular circumstances of the parties and how well they work together on parenting and financial issues.
Post majority support and college education
Prior to October 1, 2002: The court has no authority to order child support past the age of 19. If the parties provide for post-majority support (i.e. college expenses) in their written separation agreement, the court will enforce that agreement. For orders entered after October 1, 2001, Judges have the authority to modify post-majority support agreements like any other order of child support.
After October 1, 2002: The law, "Educational Support Orders." Conn. Gen. Stats. 46b-56c (2003), gives Judges the authority to order that parents pay as child support, college education costs. The bill would apply to orders entered by the court on or after October 1.
The bill:
- requires that the court makes a determination that but for the divorce, the family would most likely have supported the college education of the child,
- requires that the court take in consideration all the circumstances of the parents and the child before making an order,
- requires that the amount ordered is capped at the "UConn equivalency"; namely, tuition, room and board and costs of a Connecticut resident at the University of Connecticut,
- requires the order shall terminate on the child's 23rd birthday,
- requires that the child meet requirements in terms of choice of study, academic standing and cooperation with parents,
- allows for payments to be made directly to the school, parent, or child
- allows for modification
- provides that the child does not have the right to sue his parents for educational support based upon the statute,
- does not provide for graduate or post-graduate degrees
- applies to cases in which an initial order for child support is entered after Oct. 1, 2002
Wage Execution/Garnishment
Conn. Gen. Stats. 52-362(b) makes wage executions (an automatic deduction from wages by the person's employer) mandatory in every case in which the court makes financial orders. The provision may be waived if the parties agree in writing that the court may order a "contingent" wage execution. With a contingent order, the person receiving support can get a wage execution if the person paying support fails to pay or to make payments on time.
Earning Capacity
In making a determination as to alimony and child support, a court has the discretion to make its orders based upon the "earning capacity" as opposed to the actual earnings of a party. This prevents persons involved in divorce or child support actions from becoming deliberately unemployed or under-employed in order to affect the outcome of the court decision.
Relocation
Relocation of a child by one parent is an especially difficult problem for parties and courts. Read a summary and analysis of the Connecticut Supreme Court's Ireland v. Ireland decision.
Parenting Education
Participation in a parenting education program is required under Conn. Gen. Stats. §46b-69b. Parenting education involves attending a program of classes by a provider approved by the Court. Brochures and forms are available in the clerk's office of the J.D. (county) courthouses and are also available on line. The course costs $100 per parent and consists of six hours of classes at the office of the approved provider. The parties must bring the sign certificates of completion with them to court on the day that they request the court grant the divorce. Most parents report that the classes are very beneficial and are especially helpful if taken at the beginning of the divorce. If you have children, take a minute to read Ten Tips for Divorcing Parents.
Visitation by Grandparents and Other Unrelated Third Parties
Under Connecticut law, persons with significant ties to children have visitation rights. Recently, the Connecticut Supreme Court ruled that grandparents and others must demonstrate that they have a "parent-like" relationship with the child and that the child will suffer harm if visitation is denied. This is a heavy burden of proof and it will have a significant impact on the ability of third-parties to obtain visitation orders.
