SubTitle46b-215a-1_46b-215a-6. Child Support and Arrearage Guidelines, Title46b Family Law, Regulations of Connecticut State Agencies

Regulations of Connecticut State Agencies (Last Updated: June 14,2023)

Title46b Family Law

SubTitle46b-215a-1_46b-215a-6. Child Support and Arrearage Guidelines

Sec. 46b-215a-1. Definitions

Latest version.

As used in this section and sections 46b-215a-2c, 46b-215a-3a, 46b-215a-4b, 46b-215a-5c and 46b-215a-6:

(1) “Allowable deductions” means average weekly amounts subtracted from gross income to arrive at net income, and are limited to the following:

(A) federal, state and local income taxes, based upon all allowable exemptions, deductions and credits;

(B) either Social Security taxes or, in lieu thereof, mandatory retirement plan deductions for an amount not to exceed the maximum amount permissible under Social Security;

(D) medical, hospital, dental or health insurance (including the HUSKY Plan) premium payments, for the parent and his or her legal dependents, provided the parent provides the name of the insurer and the policy number;

(E) court-ordered life insurance for the benefit of the child whose support is being determined;

(F) court-ordered disability insurance;

(G) mandatory union dues or fees, including initiation, to the extent deducted by the employer;

(H) the cost of mandatory uniforms and tools, to the extent deducted by the employer;

(I) court-ordered alimony and child support awards for individuals not involved in the support determination, provided: (i) a deduction for such awards shall be allowed only to the extent of payment on any non-arrearage amounts; and (ii) a deduction for such awards shall not be allowed where a downward modification is sought if, when such awards were entered, the awards for which downward modification is sought was taken into consideration; and

(J) an imputed support obligation for a qualified child, as determined in accordance with subsection (d) of section 46b‐215a-2c of the Regulations of Connecticut State Agencies.

(2) “Arrearage” means “past-due support” and includes any one or a combination of the following:

(A) court ordered current support or arrearage payments which have become due and payable and remain unpaid;

(B) unpaid child support award amounts which have been reduced to a judgment or otherwise found to be due by a court of competent jurisdiction, whether or not presently payable; and

(3) “Child” means an individual whose parents have a duty to provide support, and includes “children” where the context so requires.

(4) “Child care costs” means amounts expended for the care and supervision of a child whose support is being determined.

(5) “Child support and arrearage guidelines” means the rules, schedule and worksheet established under this section and sections 46b-215a-2c, 46b-215a-3a, 46b-215a-4b and 46b-215a-5c, and 46b-215a-6 of the Regulations of Connecticut State Agencies for the determination of an appropriate child support award, to be used when initially establishing or modifying both temporary and permanent orders.

(6) “Child support award” means the entire payment obligation of the noncustodial parent, as determined under the child support and arrearage guidelines, and includes current support payments, health care coverage, child care contribution and periodic payments on arrearages.

(7) “Current support” means an amount for the ongoing support of a child, exclusive of arrearage payments, health care coverage and a child care contribution.

(8) “Custodial parent” means the parent who provides the child's primary residence.

(9) “Dependent” means a spouse or child for whom a person is legally responsible under state law.

(10) “Deviation criteria” means those facts or circumstances specified in section 46b-215a-5c of the Regulations of Connecticut State Agencies, which may justify an order different from the presumptive support amounts.

(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 and incentive-based 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 paid to the parent for the parent’s own needs, provided when the parent whose income is being determined receives both Supplemental Security Income (SSI) and Social Security disability or retirement benefits, the Social Security income inclusion shall not exceed $5 per week;

(xi) Social Security dependency benefits paid on behalf of a child whose support is being determined, which are based on the earnings record of the parent whose income is being determined;

(xii) net proceeds from contractual agreements;

(xiii) pension and retirement income;

(xiv) rental income after deduction of reasonable and necessary expenses;

(xv) estate or trust income;

(xvi) royalties;

(xvii) interest, dividends and annuities;

(xviii) self-employment earnings, after deduction of all reasonable and necessary business expenses;

(xix) alimony being paid by an individual who is not a party to the support determination;

(xx) adoption subsidy benefits received by the custodial parent for the child whose support is being determined;

(xxi) lottery and gambling winnings, prizes and regularly recurring gifts (except as provided in subparagraph (B)(vi) of this subdivision); and

(xxii) 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) Supplemental Security Income (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) Social Security disability or Social Security retirement benefits in excess of $5 per week, when the parent also receives SSI:

(iv) federal, state and local public assistance grants;

(v) earned income tax credit; and

(vi) the income and regularly recurring contributions or gifts of a spouse or domestic partner.

(12) “Health care coverage” means any provision of the child support award that addresses the child’s health care needs including, but not limited to, medical, mental health, vision or dental needs, and includes an order for either parent to:

(A) provide health care insurance for such child, or

(B) pay a cash medical support order, or

(C) pay all or a part of such child’s health care expenses that are not covered by insurance or reimbursed in any other manner.

(13) “Health care expenses” means (A) any medical, mental health, vision, and dental costs that are part of the overall treatment for the child’s physical or mental health by a licensed health care provider, including, but not limited to, those for diagnosing, treating or preventing disease, injury or other damage to the body or mind, and (B) any prescription or non-prescription items recommended by such licensed health care provider.

(14) “HUSKY Plan” means the plan to provide health care for uninsured children established under sections 17b-289 to 17b-307, inclusive, of the Connecticut General Statutes and includes:

(A) the HUSKY Plan, Part A (also known as Medicaid) for children receiving assistance under section 17b-261 of the Connecticut General Statutes; and

(B) the HUSKY Plan, Part B for children receiving assistance under sections 17b-289 to 17b-307, inclusive, of the Connecticut General Statutes.

(15) “Imputed support obligation” means a theoretical current support obligation computed for given children in accordance with section 46b-215a-2c of the Regulations of Connecticut State Agencies, the amount of which obligation is used to determine the allowable deduction for a qualified child under subsection (d) of said section and to calculate arrearage payments under section 46b-215a-3a of the Regulations of Connecticut State Agencies.

(16) “Low-income obligor” means an obligor whose basic child support obligation is determined without considering the other parent's income, using the darker shaded area of the schedule.

(17) “Net disposable income” means:

(A) with reference to the custodial parent, the custodial parent’s net income increased by the sum of:

(i) the presumptive current support order, and

(ii) the amount of any Social Security dependency benefits on the earnings record of the noncustodial parent that are paid on behalf of the child whose support is being determined.

(B) With reference to the noncustodial parent, the noncustodial parent’s net income reduced by the sum of:

(i) the presumptive current support order, and

(ii) the amount of any Social Security dependency benefits on the earnings record of the noncustodial parent that are paid on behalf of the child whose support is being determined.

(18) “Net income” means gross income minus allowable deductions.

(19) “Noncustodial parent” means a parent who does not provide the child's primary residence.

(20) “Obligor” means a parent who is ordered to make payments under a child support award.

(21) “Presumptive support amounts” means the child support award components calculated under sections 46b-215a-2c and 46b-215a-3a of the Regulations of Connecticut State Agencies, prior to consideration of the deviation criteria specified in section 46b-215a-5c of the Regulations of Connecticut State Agencies.

(22) “Schedule” means the Connecticut Child Support Guidelines Schedule of Basic Child Support Obligations included in section 46b-215a-2c of the Regulations of Connecticut State Agencies.

(23) “Shared physical custody” means a situation in which the physical residence of the child is shared by the parents in a manner that ensures the child has substantially equal time and contact with both parents. An exactly equal sharing of physical care and control of the child is not required for a finding of shared physical custody.

(24) “Split custody” means a situation in which there is more than one child in common and each parent is the custodial parent of at least one of the children.

(25) “Title IV-D” means the provisions of the federal Social Security Act, which require states to implement a child support enforcement program.

(26) “Worksheet” means form CCSG-1, Worksheet for the Connecticut Child Support and Arrearage Guidelines, which is intended for use with all applicable instructions in sections 46b-215a-2c to 46b‐215a-4b, inclusive, of the Regulations of Connecticut State Agencies. The worksheet is included in section 46b‐215a-6 of the Regulations of Connecticut State Agencies.

(Effective June 1, 1994; Amended August 1, 1999; Amended August 1, 2005; Amended July 1, 2015)

Sec. 46b-215a-2. [Repealed]

Latest version.

Repealed August 1, 1999.

Sec. 46b-215a-2a. [Repealed]

Latest version.

Repealed August 1, 2005.

Sec. 46b-215a-2b. Child support guidelines [Repealed]

Latest version.

Repealed July 1, 2015.

(Adopted effective August 1, 2005; Repealed July 1, 2015)

Sec. 46b-215a-2c. Child support guidelines

Latest version.

(a) Applicability

(1) Award components

This section shall be used to determine the current support, health care coverage and child care contribution components of all child support awards within the state, subject to section 46b-215a-5c of the Regulations of Connecticut State Agencies.

(2) Income scope

When the parents' combined net weekly income exceeds $4,000, child support awards shall be determined on a case-by-case basis, consistent with statutory criteria, including that which is described in subsection (d) of section 46b-84 of the Connecticut General Statutes. The amount shown at the $4,000 net weekly income level shall be the minimum presumptive support obligation. The maximum presumptive support obligation shall be determined by multiplying the combined net weekly income by the applicable percentage shown at the $4,000 net income level.

(b) Using the worksheet

The line references throughout this section are to the worksheet set forth in section 46b-215a-6 of the Regulations of Connecticut State Agencies. Use one worksheet in most cases. When there is a third party custodian and either parent is a low-income obligor (as determined in subsection (c)(3)(A) of this section), complete a separate worksheet for each parent. Enter on the worksheet only weekly amounts, which may be rounded to the nearest dollar.

The procedures in this subsection shall be used, subject to subsection (d) of this section, to determine the current support component of the child support award.

(1) Order requirements

(A) Specific dollar amount

The current support order shall include a specific dollar amount of support as a primary element, to be payable on a recurring basis.

(B) Indeterminate amounts

The primary requirement of a specific dollar amount of current support shall not preclude the entry of a supplemental order, in appropriate cases, to pay a percentage of a future lump sum payment, such as a bonus. Such supplemental orders shall be entered when a specific dollar amount of the future lump sum payment has not been ordered and such payment is of an indeterminate amount, subject to clauses (i) and (ii) in this subparagraph:

(i) for combined net weekly incomes not more than $4,000, the percentage shall be generally consistent with the schedule in subsection (e) of this section;

(ii) for combined net weekly incomes over $4000, the order shall be determined on a case by case basis consistent with applicable statutes.

(2) Determine the net weekly income of each parent

Follow the instructions in this subdivision to determine the net weekly income of each parent.

(A) Enter the parent’s gross income on line 1, and enter the number of work hours used to determine the gross income (to a maximum of forty-five) for each parent on line 1a.

(B) Enter the parent’s federal income tax, based on all allowable exemptions, deductions and credits, on line 2.

(C) Enter the parent’s Social Security tax or, in lieu thereof, mandatory retirement plan deduction, not to exceed the maximum amount permissible under Social Security, on line 3.

(D) Enter the parent’s Medicare tax on line 4.

(E) Enter the parent’s state and local income tax, based on all allowable exemptions, deductions and credits, on line 5.

(F) Enter the parent’s medical, hospital, dental or health insurance (including the HUSKY Plan) premium payments for the parent and his or her legal dependents, including the child whose support is being determined, on line 6.

(G) Enter the parent’s payments on court-ordered life insurance for the benefit of the child whose support is being determined on line 7.

(H) Enter the parent’s payments on court-ordered disability insurance on line 8.

(I) Enter the parent’s mandatory union dues or fees, including initiation, to the extent deducted by the employer, on line 9.

(J) Enter the parent’s cost of mandatory uniforms and tools, to the extent deducted by the employer, on line 10.

(K) Enter the amount of the parent’s court-ordered alimony and child support payments for individuals not involved in the support determination on line 11. Do not include arrearage payments in this amount.

(L) If the parent is entitled to a qualified child deduction in accordance with subsection (d) of this section, compute an imputed support obligation for the parent’s qualified child, following the procedures in subdivision (2) of such subsection, and enter the amount on line 12.

(M) Add the amounts entered on lines 2-12 for each parent and enter the sum on line 13 for each parent.

(N) Subtract each parent’s line 13 amount from the parent’s line 1 amount and enter the result on line 14 for each parent. The line 14 amount for each parent is that parent’s net weekly income.

(3) Determine the basic child support obligation

Follow the instructions below in the order presented to determine the basic child support obligation using the Schedule of Basic Child Support Obligations found in subsection (e) of this section.

(A) Find the block in the schedule that corresponds to the income level of the noncustodial parent (rounded to the nearest ten dollars) and the number of children whose support is being determined.

(i) If this block is in the darker shaded area of the schedule, the noncustodial parent is a low-income obligor. The dollar amount shown in the block is the noncustodial parent's basic child support obligation. Enter this amount on line 16 and proceed to subdivision (4) of this subsection.

(ii) If this block is not in the darker shaded area of the schedule, the noncustodial parent is not a low-income obligor. Proceed to subparagraph (B) of this subdivision to determine the basic child support obligation.

(B) Add the line 14 amounts for each parent. The result is the combined net weekly income. Round this amount to the nearest ten dollars and enter on line 15. Find the block in the schedule that corresponds to the line 15 amount and the number of children whose support is being determined.

The dollar amount shown in this block is the basic child support obligation of both parents for the support of all children. Enter this amount on line 16 and proceed to subdivision (4) of this subsection.

(4) Determine each parent's share of the basic child support obligation

Except as provided in subparagraph (A) of this subdivision, each parent's share of the basic child support obligation is determined by calculating each parent's share of the combined net weekly income, as entered on line 15, and multiplying the result for each parent by the basic child support obligation.

(A) In the case of a low-income obligor, skip line 17, enter the line 16 amount in the noncustodial parent's column on line 18 and proceed to subdivision (5) of this subsection.

(B) Determine each parent's percentage share of the combined net weekly income by dividing the line 14 amount for each parent by the line 15 amount and multiplying by one hundred percent. Enter the result (rounded to the nearest whole percentage) for each parent on line 17.

(C) Multiply the line 17 amount for each parent by the line 16 amount. Enter the result for each parent on line 18. These amounts are each parent's share of the basic child support obligation.

(5) Adjust for Social Security benefits

Enter on line 19 in the noncustodial parent's column the weekly amount of any Social Security dependency benefits on the earnings record of such parent that are paid on behalf of the child whose support is being determined.

(6) Determine the presumptive current support amount

The presumptive current support amount for each parent is equal to that parent’s share of the basic child support obligation, except where there is an adjustment for social security dependency benefits in accordance with subdivision (5) of this subsection.

(A) If there is no entry on line 19 in the noncustodial parent's column, enter each parent’s line 18 amount, rounded to the nearest dollar, on line 20 in the appropriate column. Also enter the noncustodial parent’s line 20 amount in the appropriate space on line 30.

(B) If there is an entry on line 19 in the noncustodial parent's column, subtract the line 19 amount from the noncustodial parent’s line 18 amount and enter the result, rounded to the nearest dollar, on line 20 in the noncustodial parent's column and in the appropriate space on line 30. Then enter the custodial parent’s line 18 amount, rounded to the nearest dollar, on line 20 in the custodial parent's column.

(7) Determine the recommended current support order

Except as provided in subparagraphs (A) and (B) of this subdivision, the recommended current support order shall equal the presumptive current support amount for the noncustodial parent unless a deviation criterion, as specified in section 46b-215a-5c of the Regulations of Connecticut State Agencies, applies. If a deviation criterion applies, complete section VIII of the worksheet, checking all boxes that apply, and attach an additional sheet if necessary to explain the deviation. Enter the presumptive weekly current support order on line 30. The line 20 amount for the custodial parent is retained by the custodial parent and is presumed spent on the children. The presumptive support amount for the custodial parent is not established as an order and is not entered on line 30.

(A) Split Custody

In a split custody situation, as defined in section 46b-215a-1(24) of the Regulations of Connecticut State Agencies, a single support obligation is calculated by offsetting theoretical presumptive current support amounts for each parent as follows.

(i) Determine the presumptive current support amount that one parent would owe to the other parent for the children in such other parent’s custody as if those children were the only children of the parties, following all applicable procedures in this subsection.

(ii) Determine the presumptive current support amount that one parent would owe to the other parent for the children in such other parent’s custody as if those children were the only children of the parties, following all applicable procedures in this subsection.

(iii) Subtract the lesser amount from the greater, as determined in clauses (i) and (ii) of this subparagraph.

(iv) The presumptive current support order shall equal the amount calculated in clause (iii) of this subparagraph unless a deviation criterion, as specified in section 46b-215a-5c of the Regulations of Connecticut State Agencies, applies. Such order shall be payable by the parent whose presumptive current support amount, as determined in clauses (i) and (ii) of this subparagraph, is greater. If a deviation criterion applies, complete section VIII of the worksheet, checking all boxes that apply, and attach an additional sheet if necessary to explain the deviation. Enter the presumptive weekly current support order on line 30.

(B) Shared Physical Custody

In a shared physical custody situation, as defined in section 46b-215a-1(23) of the Regulations of Connecticut State Agencies, the presumptive current support order shall equal the presumptive current support amount of the parent with the higher net weekly income, payable to the parent with the lower net weekly income. If the shared physical custody deviation or any other deviation criterion applies, complete section VIII of the worksheet, checking all boxes that apply, and attach an additional sheet if necessary to explain the deviation. Enter the presumptive weekly current support order on line 30.

(d) Determining the amount of current support when another child resides with a parent

(1) Applicability

The qualified child deduction shall be allowed to determine the amount of current support only under the circumstances described in subparagraphs (A) and (B) of this subdivision.

(A) Qualified child

Either parent claims a qualified child. A qualified child is one:

(i) who is currently living in the same household with the parent;

(ii) who is a dependent of the parent;

(iii) who is not a subject of the support determination; and

(iv) for whom the parent has not claimed a deduction under section 46b-215a-1(1)(I) of the Regulations of Connecticut State Agencies.

(B) Initial award or defense to modification

An initial child support award is being established, or a parent is defending against a proposed modification of an existing child support award.

(2) Procedure

When this subsection applies, determine the amount of current support by following the procedures in this subdivision.

(A) Determine current support amount for all children

(i) Enter on line 12a the number of qualified children for the parent claiming a qualified child.

(ii) Add the number of children whose support is being determined to the number in line 12a and enter the total on line 12b.

(iii) Add lines 2 through 11 and enter that amount on line 12c for the parent claiming a qualified child deduction.

(iv) Subtract the line 12c amount from the line 1 amount and enter the result on line 12d for the parent claiming a qualified child deduction.

(v) Refer to the schedule to determine a single theoretical presumptive current support amount for the number of children consisting of the child whose support is being determined and the qualified child. For the purpose of this determination, deem the gross income of the other parent of each such child to be zero. Enter on line 12e the amount from the schedule based on the parent’s line 12d income and the total number of children on line 12b.

(B) Determine imputed support obligation for qualified child

Divide the amount entered on line 12e by the number of children on line 12b and enter the result on line 12f for the claiming parent. Multiply the amount entered on line 12f by the number of the claiming parent’s qualified children on line 12a, and enter the product on line 12 for the claiming parent. The line 12 amount is the imputed support obligation for the qualified child.

Continue following the remaining procedures in subsection (c) of this section to determine the amount of current support for the subject child, using the imputed support obligation for the qualified child as a deduction from the gross income of the claiming parent.

(e) Schedule of basic child support obligations

Following is the schedule to be used for determining the basic child support obligation in accordance with subsection (c) of this section. Note that all obligation money amounts have been rounded to the nearest dollar in this schedule.

CONNECTICUT CHILD SUPPORT GUIDELINES SCHEDULE OF BASIC CHILD SUPPORT OBLIGATIONS

(f) Determining the health care coverage contribution

Subject to section 46b-215a-5c of the Regulations of Connecticut State Agencies, each child support award entered under this section shall include a provision for either parent or both parents to contribute to the health care coverage of the child in accordance with this subsection.

(1) Health care coverage

The health care coverage requirement may be satisfied by an order under any or all of subparagraphs (A), (B) or (C) of this subdivision. The total of the combined orders for health care coverage for the obligated parent shall not exceed reasonable cost as defined in sections 17b-745, 46b-84, 46b-171 and 46b-215 of the Connecticut General Statutes.

(A) An order under this subparagraph shall direct either parent to name the child as a beneficiary of any medical or dental insurance or benefit plan carried by or available to such parent at reasonable cost.

(B) If coverage in accordance with subparagraph (A) is unavailable, an order under this subparagraph shall direct either parent to apply for coverage on behalf of the child under any available state or federally funded insurance plan including, but not limited to, the HUSKY Plan, Part B.

The health care coverage requirement may include cash medical support as described in clauses (i) or (ii) of this subparagraph.

(i) An amount ordered to be paid toward the cost of premiums for health care insurance coverage provided by: (I) another parent, or (II) a public entity including HUSKY.

(ii) An amount ordered to be paid either directly to a medical provider or to a person obligated to pay a medical provider, toward any ongoing extraordinary health care expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record.

(iii) Enter the cash medical support amount on line 33a.

(2) Exceptions to cash medical support order

Notwithstanding clause (i) of subparagraph (C) of subdivision (1) of this subsection, no order shall enter for payment of HUSKY Plan, Part A or Part B, contributions by:

(A) a low-income obligor or

(B) the custodial parent of children covered under HUSKY Plan, Part A or Part B.

(3) Payment of unreimbursed expenses

An order shall be made under this subdivision for payment of the child’s medical and dental expenses that are not covered by insurance or reimbursed in any other manner. Such order may be in lieu of an order under subdivision (1) of this subsection, or in addition to an order under such subdivision. The amount of such order to be paid by each parent shall be determined in accordance with subparagraphs (A) to (D), inclusive, of this subdivision.

(A) Calculate the custodial parent’s net disposable income, as defined in section 46b-215a-1(16) of the Regulations of Connecticut State Agencies, in the following manner:

(i) Add the presumptive current support order from line 30 to the custodial parent’s line 14 amount. Enter the sum on line 21 in the custodial parent’s column.

(ii) If there is an amount on line 19 in the noncustodial parent’s column, enter it on line 22.

(iii) Add the line 21 amount to the custodial parent’s line 22 amount and enter on line 23 in the custodial parent’s column. This line 23 amount is the custodial parent’s net disposable income.

(B) Calculate the noncustodial parent’s net disposable income, as defined in section 46b‐215a‐1(16) of the Regulations of Connecticut State Agencies, in the following manner:

(i) Subtract the presumptive current support order (line 30 amount) from the noncustodial parent’s line 14 amount. Enter the result on line 21 in the noncustodial parent’s column.

(ii) If there is an amount on line 19 in the noncustodial parent’s column, enter it on line 22.

(iii) Subtract the line 22 amount from the noncustodial parent’s line 21 amount and enter on line 23 in the noncustodial parent’s column. This line 23 amount is the noncustodial parent’s net disposable income.

(i) Enter the sum of the custodial and noncustodial parents’ line 23 amounts on line 24. This amount is the combined net disposable income.

(ii) Divide each parent’s line 23 amount by the line 24 amount, multiply each result by one hundred percent, and enter each parent’s percentage (rounded to the nearest whole percentage) on line 25.

(D) Determine the presumptive order for unreimbursed medical expenses in the following manner:

(i) If the noncustodial parent is a low-income obligor, enter the lesser of: (I) such parent’s percentage share from line 25, or (II) fifty percent on line 33b, for such parent; and enter one hundred percent minus the percentage entered for the noncustodial parent on line 33b for the custodial parent.

(ii) If the noncustodial parent is not a low-income obligor, enter the percentage share from line 25 for each parent on line 33b.

(g) Determining the child care contribution

(1) General rule

Subject to section 46b-215a-5c of the Regulations of Connecticut State Agencies, the noncustodial parent shall be ordered to pay the custodial parent a child care contribution as part of each child support award entered under this section. Such contribution shall be for the purpose of reimbursing the custodial parent for a portion of the child care costs incurred on behalf of the subject child.

(2) Contribution amount

(A) Qualifying costs

Child care costs shall qualify for a contribution from the noncustodial parent only to the extent that they:

(i) are reasonable,

(ii) are necessary to allow a parent to maintain employment,

(iii) are not otherwise reimbursed or subsidized, and

(iv) do not exceed the level required to provide quality care from a licensed source.

(B) Noncustodial parent’s share of qualifying costs

Except as provided in subdivision (3) of this subsection, the amount of the child care contribution to be entered on line 34 of the worksheet shall equal the amount determined in clause (i) or (ii) of this subparagraph, as follows:

(i) the noncustodial parent’s percentage share of combined net disposable income, as entered on line 25 of the worksheet, multiplied by the qualifying child care costs as they are incurred, or

(ii) where there is an agreement of the parties at the initial or a subsequent hearing or a finding of noncompliance with a prior child care contribution order, a weekly dollar amount calculated by multiplying the noncustodial parent’s percentage share of combined net disposable income, as entered on line 25 of the worksheet, by the estimated average qualifying child care costs.

(3) Special rules for low-income obligors

(A) Definition of “low-income obligor”

For the purposes of this subdivision only, the term “low-income obligor” shall include those obligors whose net disposable income (amount on line 23 of the worksheet) is within the darker shaded area of the schedule.

(B) Child care contribution limits

(i) If the custodial parent’s net disposable income (amount on line 23 of the worksheet) is within the darker shaded area of the schedule, the child care contribution of the low-income obligor shall equal the lesser of the noncustodial parent’s line 25 percentage or fifty percent of the qualifying child care costs. Enter the correct percentage, or the corresponding dollar amount in conjunction with a finding of noncompliance, on line 34 of the worksheet.

(ii) If the custodial parent’s net disposable income (amount on line 23 of the worksheet) is outside the darker shaded area of the schedule, the child care contribution of the low-income obligor, to be entered on line 34 of the worksheet, shall equal:

(I) twenty percent of the qualifying child care costs, in lieu of the amount provided in subdivision (2)(B)(i) of this subsection; or

(II) where there is a finding of noncompliance with a prior child care contribution, a weekly dollar amount equal to twenty percent of the estimated average qualifying child care costs, in lieu of the amount provided in subdivision (2)(B)(ii) of this subsection.

(Effective July 1, 2015)

Sec. 46b-215a-3. Deviation criteria [Repealed]

Latest version.

Repealed July 1, 2015.

(Effective June 1, 1994; Amended August 1, 1999; Amended August 1, 2005; Repealed July 1, 2015)

Sec. 46b-215a-3a. Arrearage guidelines

Latest version.

(a) Scope of section

This section shall be used to determine periodic payments on child support arrearages, subject to section 46b-215a-5c of the Regulations of Connecticut State Agencies. The determination of lump sum payments remains subject to the discretion of the judge or family support magistrate, in accordance with existing law.

(b) General rule

(1) Except as provided in subsections (c), (d) and (e) of this section, the weekly arrearage payment shall equal the lesser of:

(A) twenty percent of the weekly current support order, or

(B) fifty-five percent of the obligor's net income, reduced by the amount of the current support order.

(2) In a Title IV-D case where arrearages are owing to both the state and a custodial parent, one payment order shall enter under which payments shall be distributed in accordance with Title IV-D distribution requirements. Such order shall be payable to the custodial parent until the custodial parent’s arrearage is satisfied, and then to the state.

Subject to subsection (e)(1) of this section, the weekly arrearage payment of a low-income obligor shall equal the greater of:

(1) ten percent of the weekly current support order, or

(2) one dollar per week.

(d) Special rule if there is no current support order

Subject to subsection (e)(1) of this section, the weekly arrearage payment when there is no current support order in effect for any child of the parties shall equal:

(1) twenty percent of an imputed support obligation for the child for whom the arrearage is owed if the parents have a present duty to provide support for the child, or

(2) one hundred percent of an imputed support obligation for the individual for whom the arrearage is owed if the parents have no present duty to provide support for the individual.

(e) Special rule for child living with the obligor

(1) Applicability

This subsection applies when the child for whom the arrearage is owed is living with the obligor. If this subsection applies, subsections (c) and (d) of this section shall not be used to determine the arrearage payment. For the purposes of this subsection, a child is deemed to be living with the obligor if the circumstances in either subparagraph (A) or subparagraph (B) of this subdivision are found.

(A) The obligor is the child's legal guardian and is currently living in the same household with such child.

(B) The obligor is not the child's legal guardian, but the child has lived in the same household with the obligor for at least:

(i) the six months immediately preceding the determination of the arrearage payment, or

(ii) six of the twelve months immediately preceding such determination.

(2) Special rule

When this subsection applies, the weekly arrearage payment shall be:

(A) one dollar per week if the obligor's gross income is less than or equal to two hundred fifty percent of the poverty guideline for the obligor's household size, as published annually in the Federal Register by the Department of Health and Human Services; or

(B) twenty percent of the imputed support obligation for such child if the obligor's gross income is greater than two hundred fifty percent of the poverty guideline for the obligor's household size, as published annually in the Federal Register by the Department of Health and Human Services.

(f) Use of the worksheet in arrearage determinations

Line references throughout this subsection are to the worksheet included in section 46b-215a-6 of the Regulations of Connecticut State Agencies, which worksheet is intended for use with the following instructions.

(1) Determine the total arrearage

Add all amounts described in subparagraphs (A), (B) and (C) of this subdivision to determine the total arrearage to be paid for past support of the subject child. Enter the sum on line 32, indicating separately, if applicable, amounts due to the state and amounts due to the family. Amounts comprising the total arrearage are:

(A) the total of all delinquent amounts that have become due and payable under a current support order, but which have not been reduced to a judgment or an arrearage finding;

(B) the total of all unpaid support amounts that have been reduced previously to a judgment or arrearage finding; and

(2) Determine the arrearage payment

Enter on line 29 either twenty percent of the line 30 amount or, if applicable, the amount determined in one of subparagraphs (A) to (D), inclusive, of this subdivision (corresponding to paragraphs A to D, inclusive, in section VI of the worksheet). The line 29 amount is the presumptive arrearage payment. Enter this amount on line 31 unless a deviation criterion applies. If the amount entered on line 31 differs from the line 29 amount, complete section VIII of the worksheet.

(A) If the noncustodial parent is a low-income obligor, enter on line 29 the greater of ten percent of the line 30 amount or $1 per week, unless subparagraph (B) of this subdivision applies.

(B) If the child is living with the obligor, enter on line 29 either: (i) $1 per week if the obligor’s gross income is less than or equal to two hundred fifty percent of poverty level for the obligor's household size, or (ii) twenty percent of an imputed support obligation for the child if the obligor’s gross income is greater than two hundred fifty percent of poverty level for the obligor's household size.

(C) If there is no current support order and subparagraph (B) of this subdivision does not apply, enter on line 29 either: (i) twenty percent of an imputed support obligation if the parents have a present duty to provide support for the child, or (ii) one hundred percent of an imputed support obligation if the parents have no present duty to provide support for the individual.

(D) If subparagraphs (A) to (C), inclusive, of this subdivision do not apply and the sum of the current support and arrearage payments would exceed fifty-five percent of the noncustodial parent’s line 14 amount, enter fifty-five percent of the noncustodial parent’s line 14 amount, minus the line 30 amount, on line 29.

(Effective July 1, 2015)

Sec. 46b-215a-4. [Repealed]

Latest version.

Repealed August 1, 1999.

Sec. 46b-215a-4a. Arrearage guidelines [Repealed]

Latest version.

Repealed July 1, 2015.

(Adopted effective August 1, 1999; Amended August 1, 2005; Repealed July 1, 2015)

Sec. 46b-215a-4b. Total presumptive child support award as a percentage of the obligor’s net income

Latest version.

This section shall be used to determine if the total presumptive child support award as calculated in accordance with sections 46b-215a-1 to 46b-215a-3a, inclusive, of the Regulations of Connecticut State Agencies exceeds fifty-five percent of the obligor’s net weekly income.

(1) Enter the amounts from lines 30, 31, 33a, 34a and 34b in the Total Child Support Award Calculation box in section VII of the worksheet.

(2) Add those amounts to determine the total presumptive child support award and enter that sum where indicated in the box and also on line 35a.

(3) Divide line 35a by the obligor’s line 14 amount and then multiply by 100 to determine the percentage of the obligor’s net income obligated for the total presumptive child support award. Enter the percentage on line 35b. This percentage is used to determine the applicability of the deviation criterion in subdivision (6)(C) of subsection (b) of section 46b-215a-5c of the Regulations of Connecticut State Agencies.

(Effective July 1, 2015)

Sec. 46b-215a-5. [Repealed]

Latest version.

Repealed August 1, 1999.

Sec. 46b-215a-5a. [Repealed]

Latest version.

Repealed August 1, 2005.

Sec. 46b-215a-5b. Worksheet for the Connecticut child support and arrearage guidelines [Repealed]

Latest version.

Repealed July 1, 2015.

(Adopted effective August 1, 2005; Repealed July 1, 2015)

Sec. 46b-215a-5c. Deviation criteria

Latest version.

(a) Introduction

The current support, health care coverage contribution, and child care contribution amounts calculated under section 46b-215a-2c of the Regulations of Connecticut State Agencies, and the amount of the arrearage payment calculated under section 46b-215a-3a of the Regulations of Connecticut State Agencies, are presumed to be the correct amounts to be ordered. The presumption regarding each such amount may be rebutted by a specific finding on the record that such amount would be inequitable or inappropriate in a particular case. An agreement of the parties may be sufficient to rebut the presumption when such finding cites one or more deviation criteria, which may include other equitable factors, to support such agreement. Any such finding shall state the amount that would have been required under such sections and include a factual finding to justify the variance. Only the deviation criteria stated in the lettered subparagraphs of subdivisions (1) to (6), inclusive, of subsection (b) of this section, and indicated by the check boxes in section VIII of the worksheet, shall establish sufficient bases for such findings.

(b) Criteria for deviation from presumptive support amounts

(1) Other financial resources available to a parent

In some cases, a parent may have financial resources that are not included in the definition of net income, but could be used by such parent for the benefit of the child or for meeting the needs of the parent. The resources that may justify a deviation from presumptive support amounts under this subdivision are limited to the following:

(A) substantial assets, including both income-producing and non-income-producing property;

(B) the parent's earning capacity;

(D) the regularly recurring contributions or gifts of a spouse or domestic partner, but only 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; and

(E) hourly wages for regular, overtime and additional employment in excess of 45 total paid hours per week, but not to exceed 52 total paid hours per week, provided:

(i) the parent has earned such wages on a regular and consistent basis, and the opportunity to earn such wages is reasonably expected to continue on a regular and consistent basis in the foreseeable future;

(ii) considering such wages as income available for the support determination is in the best interests of the child, including but not limited to parenting time, under the totality of circumstances; and

(iii) such wages shall not be considered income for order modification purposes if the parent is an obligor who is an hourly wage earner and who worked 45 hours per week or less at the time of the establishment of the support order.

(2) Extraordinary expenses for care and maintenance of the child

In some cases, a parent may be incurring extraordinary expenses that are essential for the proper care and maintenance of the child whose support is being determined. Only the following expenses, when found to be extraordinary and to exist on a substantial and continuing basis, may justify a deviation from presumptive support amounts under this subdivision:

(A) education expenses,

(B) unreimbursable medical expenses, and

(3) Extraordinary parental expenses

In some cases, a parent may incur extraordinary expenses that are not considered allowable deductions from gross income, but which are necessary for the parent to maintain a satisfactory parental relationship with the child, continue employment, or provide for the parent's own medical needs. Only the following expenses, when found to be extraordinary and to exist on a substantial and continuing basis, may justify a deviation from presumptive support amounts under this subdivision:

(A) significant visitation expenses,

(B) job-related unreimbursable employment expenses of individuals who are not self-employed, and

(4) Needs of a parent's other dependents

In some cases, a parent may be legally responsible for the support of individuals other than the child whose support is being determined. Only the following factors may justify a deviation from presumptive support amounts under this subdivision:

(A) resources available to a qualified child for whom a deduction was taken under section 46b‐215a-2c(d) of the Regulations of Connecticut State Agencies;

(B) child care expenses for a parent’s qualified child, as defined in section 46b-215a-2c(d)(1)(A) of the Regulations of Connecticut State Agencies, provided such expenses may be used to deviate only from the presumptive child care contribution component of the child support award, and only when an initial child support award is being established or such parent is defending against a proposed modification of an existing child care contribution;

(D) the significant and essential needs of a spouse, provided

(i) such needs may be used as a possible defense against an increase in the support order, but not as a reason for decreasing such order, and

(ii) the income, assets, and earning capacity of such spouse shall be considered in determining whether to deviate.

(5) Coordination of total family support

In some cases, child support is considered in conjunction with a determination of total family support, property settlement, and tax implications. When such considerations will not result in a lesser economic benefit to the child, it may be appropriate to deviate from presumptive support amounts for the following reasons only:

(A) division of assets and liabilities,

(B) provision of alimony, and

(6) Special circumstances

In some cases, there may be special circumstances not otherwise addressed in this section in which deviation from presumptive support amounts may be warranted for reasons of equity. Such circumstances are limited to the following:

(A) Shared physical custody.

When a shared physical custody arrangement exists, it may be appropriate to deviate from presumptive support amounts when:

(i) such arrangement substantially:

(I) reduces expenses for the child, for the parent with the lower net weekly income, or

(II) increases expenses for the child, for the parent with the higher net weekly income; and

(ii) sufficient funds remain for the parent receiving support to meet the needs of the child after deviation; or

(iii) both parents have substantially equal income.

(B) Extraordinary disparity in parental income.

When the custodial parent has high income, resulting in an extraordinary disparity between the parents’ net incomes, it may be appropriate to deviate from presumptive support amounts if:

(i) such deviation would enhance the lower income parent’s ability to foster a relationship with the child; and

(ii) sufficient funds remain for the parent receiving support to meet the basic needs of the child after deviation.

If the total child support award exceeds 55% of the obligor’s net income, it may be appropriate to deviate downward on any components of the award other than current support to reduce the total award to not less than 55% of the obligor’s net income.

(D) Best interests of the child.

(E) Other equitable factors.

(Effective July 1, 2015)

Sec. 46b-215a-6. Worksheet for the Connecticut child support and arrearage guidelines

Latest version.

The worksheet in this section is intended for use with all applicable instructions in sections 46b‐215a-2c and 46b-215a-3a of the Regulations of Connecticut State Agencies. The use of computer-generated worksheets in substantially similar format is specifically authorized, provided the line numbers in such worksheets correspond to those set forth in this section. All money amounts entered on the worksheet may be rounded to the nearest dollar by dropping amounts under fifty cents and increasing amounts from fifty to ninety-nine cents to the next whole dollar. Following is form CCSG-1, Worksheet for the Connecticut Child Support and Arrearage Guidelines.

(Effective July 1, 2015)