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

(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.

(c) Determining the amount of current support

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.

(C) Determine current support for subject 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

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(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.

(C) Cash Medical Support

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.

(C) Calculate each parent’s percentage share of combined net disposable income in the following manner:

(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)