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

(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.

(c) Special rule for low-income obligors

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

(C) the total of all support amounts due for periods prior to the initial determination of a support order.

(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)