Sec.17b-179b-3a. Arrearage adjustment program for Parenthood Program participants

(a) Eligibility for program

A noncustodial parent or obligor shall be eligible for the arrearage adjustment program for Parenthood Program participants if the Department of Social Services determines, based on information provided by a participating program or otherwise available to the department, that the requirements of this subsection are met.

(1) The noncustodial parent or obligor is participating and making satisfactory progress in a Parenthood Program, as demonstrated by quantifiable achievements that facilitate positive involvement with the child or the participant’s ability to provide support, such as (A) signing a paternity acknowledgment, (B) signing a voluntary support agreement, (C) signing a co-parenting or mediation agreement, (D) attending one or more child development classes or (E) registering with the Department of Labor for skills training;

(2) The noncustodial parent meets program goals for appropriate involvement and interaction with the child or children and (A) has an active child support case where an arrearage is owed to the State of Connecticut and there is a current payment due to the custodial party or (B) is an obligor who now resides with the child or children to whom support is owed;

(3) The noncustodial parent or obligor applies for an arrearage adjustment and enters into a voluntary agreement as defined in subdivision (15) of section 17b-179b-1 of the Regulations of Connecticut State Agencies; and

(4) There have been no acts of domestic violence committed by the noncustodial parent or obligor against the custodial party of the child or the child involved in the child support case. For purposes of this subdivision, allegations of domestic violence may be sufficient to establish such acts of domestic violence when the commissioner has no independent, reasonable basis to find the custodial party not credible. The commissioner shall request a custodial party who alleges domestic violence by the noncustodial parent or obligor to provide a sworn statement or to submit any evidence of such violence available to such custodial party. Evidence of domestic violence may include, but is not limited to: (A) Police, government agency or court records; (B) documentation from a shelter worker, legal, medical, clerical or other professional from whom the custodial party has sought assistance in dealing with domestic violence; or (C) a statement from an individual with knowledge of the circumstances which provide the basis for the allegation of domestic violence.

(b) Adjustment amounts

(1) Completes Parenthood Program

An eligible noncustodial parent or obligor who successfully completes a parenthood program shall receive a one-time arrearage adjustment of ten percent of the starting arrearage.

(2) Pays current child support obligation

(A) General rule

An eligible noncustodial parent or obligor who makes payments on the current child support obligation identified in the voluntary agreement shall receive arrearage adjustments in the amount of fifty percent of the dollar amount paid on such current child support obligation, subject to subparagraph (B) of this subsection. Such adjustments may be received during participation in the Parenthood Program and after successful completion of such program.

(B) Annual review of payment record

At the end of each year of eligibility the commissioner shall review the eligible obligor’s payment record. Based on such review the commissioner shall take action in accordance with clauses (i) and (ii) of this subparagraph.

(i) If the eligible obligor has paid fifty percent or more of the current child support obligation identified in the voluntary agreement, arrearage adjustments in accordance with subparagraph (A) shall continue until the next review.

(ii) If the eligible obligor has paid less than fifty percent of the current child support obligation identified in the voluntary agreement the commissioner shall suspend arrearage adjustments for a period of six months after which the commissioner shall conduct a compliance review of the obligor’s payment record in accordance with subparagraph (C) of this subsection.

(C) Compliance review

At the end of the six-month suspension required under clause (ii) of subparagraph (B) of this subdivision the commissioner shall again review the obligor’s payment record, and:

(i) During the suspension period, if the obligor has paid fifty percent or more of the current child support obligation identified in the voluntary agreement the commissioner shall reinstate arrearage adjustments for a six-month period after which the commissioner shall conduct the regularly scheduled annual review of the obligor’s payment record for compliance.

(ii) During the suspension period, if the obligor has paid less than fifty percent of the current child support obligation identified in the voluntary agreement the commissioner shall terminate arrearage adjustments in the child support case identified in the voluntary agreement.

(3) Resides with the child

(A) General rule

An eligible obligor who resides with the child and is employed a minimum of one hundred twenty hours per month shall receive arrearage adjustments at the end of each calendar quarter subject to subparagraphs (B) and (C) of this subdivision. The amount of such adjustment shall be fifty percent of the presumptive current support amount calculated under the child support and arrearage guidelines adopted pursuant to section 46b-215c of the Connecticut General Statutes, based solely on the eligible obligor’s net income at the time such obligor is found eligible for such adjustment. Such adjustment may be received during participation in the Parenthood Program and after successful completion of such program.

(B) Quarterly compliance review

The eligible obligor who resides with the child shall provide the commissioner quarterly documentation of the employment and income information needed to determine the appropriateness and amount of the arrearage adjustment prescribed in subparagraph (A) of this subdivision.

(i) If the eligible obligor who resides with the child has maintained a minimum average of one hundred twenty hours employment per month during the three month quarterly review period, arrearage adjustments in accordance with subparagraph (A) of this subdivision shall be made for the completed quarter.

(ii) If the eligible obligor who resides with the child has not maintained a minimum average of one hundred and twenty hours employment or fails to provide the commissioner the documentation needed to determine the appropriateness and amount of the arrearage adjustment prescribed in subparagraph (A) of this subdivision, arrearage adjustments for the eligible obligor shall be suspended for the completed quarter but such obligor shall be eligible for an arrearage adjustment for the following quarter subject to subparagraph (C) of this subdivision.

(C) Reinstatement and termination from the program

(i) If the eligible obligor who resides with the child becomes employed and provides the commissioner documentation in accordance with subparagraph (B) of this subdivision during the quarter following the suspension period, the eligible obligor shall receive an arrearage adjustment in accordance with subparagraph (A) of this subdivision for the completed quarter.

(ii) If the eligible obligor who resides with the child fails to meet the requirements of subparagraphs (A) and (B) of this subdivision for two consecutive quarterly review periods, the commissioner shall terminate the eligible obligor from the arrearage adjustment program.

(c) Eligibility following termination from program

An obligor who is terminated from the arrearage adjustment program for Parenthood Program participants pursuant to section 17b-179b-3a(b)(2)(C)(ii) or 17b-179b-3a(b)(3)(C)(ii) may re-apply for such program no earlier than six months following the date of termination. If all other eligibility requirements are met the obligor may again enter into a voluntary agreement and receive adjustments under subsection (b) of this section.

(d) Notice of action

The commissioner shall issue a notice of action to the noncustodial parent or obligor not later than thirty calendar days after the date of a determination of eligibility, reinstatement, suspension, termination or adjustment in accordance with this section.

(e) Desk review

(1) Right to review

The commissioner shall provide a desk review to any noncustodial parent or obligor who is denied eligibility for or reinstatement in the arrearage adjustment program for Parenthood Program participants, suspended or terminated from such program, or who allegedly received an incorrect adjustment amount.

(2) When held

A desk review under this subsection shall be provided upon written request of the noncustodial parent or obligor received not later than thirty calendar days after the date of a notice of action issued under subsection (d) of this section. A desk review based on an alleged incorrect adjustment amount shall be provided no more than once each calendar year.

(3) Notice of results

Notice of the results of a desk review shall be issued to the noncustodial parent or obligor by the commissioner not later than sixty calendar days after the date of receipt of a timely written request for such review.

(Effective April 2, 2015)