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Child Support in Connecticut
A Guide to Resources in the Law Library
· “ . . . the purpose of a child support order is to provide for the care and wellbeing of minor children, and not to equalize the available income of divorced parents . . . .” Battersby v. Battersby, 218 Conn. 467, 473, 590 A.2d 427 (1991).
· Purposes of guidelines: The primary purposes of the child support and arrearage guidelines are:
(1) To provide uniform procedures for establishing an adequate level of support for children, and for repayment of child support arrearages, subject to the ability of parents to pay.
(2) To make awards more equitable by ensuring the consistent treatment of persons in similar circumstances.
(3) To improve the efficiency of the court process by promoting settlements and by giving courts and the parties guidance in setting the levels of awards.
(4) To conform to applicable federal and state statutory and regulatory mandates. State of Connecticut, Commission for Child Support Guidelines, Child Support and Arrearage Guidelines (Effective August 1, 2005). Preamble to Child Support and Arrearage Guidelines (c)
Contents
§ 2b Deviation from Guidelines
§ 3 Child Support Pendente Lite
§ 7 Out-of-state child support orders in Connecticut courts
Tables
Table 1 Statutory Duty to Support Children
Table 2 IV-D Temporary Child Support
Table 3 Request for Leave shall be appended to Motion to Modify
Table 5 IV-D Child Support Cases
Table 6 Statutory Factors in Determining Child Support
Table 7 Connecticut Statutes Enforcing Child Support
Table 8 Federal Statutes & Regulations Enforcing Child Support
Table 9 History of Federal Legislation Dealing with Child Support
Table 10 Agencies Involved in Child Support
Table 11 Child Support and Parental Agreements
Table 12 Connecticut's Long Arm Statute
Table 13 Enforcement of Foreign Matrimonial Judgments
Table 14 Uniform Interstate Family Support Act
Table 15 Questions and Answers on Child Support and Taxes
A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to the duty of parent to support child including child who are adopted or the issue of a subsequently annulled marriage.
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DEFINITIONS: |
· “The independent nature of a child’s right to parental support was recognized by this court long before that right was codified in our statutes.” Guille v. Guille, 196 Conn. 260, 263, 492 A.2d 175 (1985). · Child support order “does not operate to crystallize or limit the duty of the parent to support his minor child, but merely defines the extent of the duty during the life of the order.” Rosher v. Superior Court, 71 P.2d 918. · Maintenance. “Under General Statutes . . . [§] 46b-84, the court is authorized to make orders regarding the maintenance of the minor children of the marriage. The word ‘maintenance’ means ‘the provisions, supplies, or funds needed to live on.’ Webster, Third New International Dictionary. It is synonymous with support . . . . Such orders may be in kind as well as in money.” Valente v. Valente, 180 Conn. 528, 532, 429 A.2d 964 (1980).
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STATUTES:
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Conn. Gen. Stat. (2008) § 46b-37(b). Joint duty of spouses to support family § 46b-56. Superior court orders re custody and care § 46b-84. Parents’ obligation for maintenance of minor child. § 46b-58. Custody, maintenance and education of adopted children § 46b-60. Orders re children and alimony in annulment cases § 46b-215. Relatives obligated to furnish support, when.
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CASES: |
· Foster v. Foster, 84 Conn. App. 311, 322, 853 A.2d 588 (2004). “It is a well established principle that child support is premised upon a parent's obligation to provide for the care and well being of the minor child. See Raymond v. Raymond, 165 Conn. 735, 739, 345 A.2d 48 (1974) (“[t]he needs of the child, within the limits of the financial abilities of the parent, form the basis for the amount of support required”). Although the trial court is given wide discretion to modify child support on the basis of a substantial change in circumstances, interference with visitation alone is insufficient to warrant a reduction in child support. See id. (concluding that ‘duty to support is wholly independent of the right of visitation’). Although we do not condone the plaintiff's actions in this case, the court may not punish the child, who is the beneficiary of child support, for the sins of her mother. See id. Accordingly, because the court incorrectly applied the law regarding a parent's obligation to provide child support, it was an abuse of discretion for the court to have eliminated the defendant's child support obligations on the basis of the plaintiff's chronic interference with visitation. Accordingly, the order eliminating the defendant's child support obligation is vacated.” · W. v. W., 248 Conn. 487, 497-498, 728 A.2d 1076 (1999). “In the context of parental responsibilities, the duty to support the child is placed fairly on the nonparental party, not solely because of his voluntary assumption of a parental role, but, also because of the misleading course of conduct that induced the child, and the biological parent as the child's guardian, to rely detrimentally on the nonparental party's emotional and financial support of the child.” · Unkelbach v. McNary, 244 Conn. 350, 357, 710 A.2d 717 (1998). “The [Child Support] guidelines are predicated upon the concept that children should receive the same proportion of parental income that they would have received had the family remained intact . . . . Toward that end, the guidelines are income driven, rather than expense driven.” · State v. Miranda, 245 Conn. 209, 222, 715 A.2d 680 (1998). “It is undisputed that parents have a duty to provide food, shelter and medical aid for their children and to protect them from harm.” · In Re Bruce R., 234 Conn. 194, 209, 662 A.2d 107 (1995). “Connecticut child support legislation clearly evinces a strong state policy of insuring that minor child receive the support to which they are entitled.” · Timm v. Timm, 195 Conn. 202, 207, 487 A.2d 191 (1985). “It is further recognized that an order for the support of minor children is not based solely on the needs of the children but takes into account what the parents can afford to pay.” · Sillman v. Sillman, 168 Conn. 144, 358 A.2d 150 (1975). Support and the age of majority. SUPERIOR COURT (Unpublished) · Fox v. Fox, No. FA90-0098219, 2002 Ct. Sup. 6090, 6092 (May 3, 2002). “It stands to reason that if child support is the right of the child and the duty of the parent, and if incarceration of the parent does not extinguish the duty to support, then incarceration of the child does not extinguish the right to be supported. This Court finds that in the present case, incarceration of the minor child does not fall within the definition of self-supporting, nor does it eliminate the need or the right of the child to be supported. Therefore, this Court does not have the authority to suspend the order of child support in full prior to the child reaching the age of majority under current Connecticut statutory law and case law.” · Decamillis v. Hasiotis, No. FA00-0630369, 2001 Ct. Sup. 12890, 12892, 2001 WL 11924 (Sep. 5, 2001). “It is implicit in the computation of current support orders that each parent's share must be computed, regardless of who requests the support order. Clearly, if either parent's support obligation is not met by providing direct support to a child in that parent's custody or by satisfactory and appropriate voluntary payments, it is not only the court's fight, but its duty, to set a support order.” · State v. Gorman, No. FA 98-0331769 S, 2000 Ct. Sup. 2938-af, 2938-ah, 2001 WL 359720 (Feb. 2, 2000). “The court finds that there is no prior court order for the payment of child support. The court finds that this support petition brought pursuant to C.G.S. 46b-215 is an appropriate vehicle to establish a current support and an arrearage order. The court finds that to do same would not violate the prohibition against retroactive modifications of child support. The court finds that it is not bound by any agreement of the parties or by their actions or failure to act through the years.”
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DIGESTS: |
Dowling’s Digest: Parent and Child § 5 Liability of Parent. Support. Connecticut Family Law Citations: CHILD SUPPORT, alteration, change, or amendment” —Parents
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WEST KEY NUMBERS: |
Parent & Child # 3.1. Support and education of child. Rights, duties and liabilities in general
· Mother, duty to support Divorce # 306. Grounds for award as to support
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ENCYCLOPEDIAS: |
59 AM. JUR. 2D Parent and Child (2002). Support and maintenance of child, In general; Liability for expenses regarding child § 45. Generally; basis for duty § 46. What law governs § 47. —Uniform Interstate Family Support Act § 48. Charter and extent of parental obligation § 49. Obligations as limited to “necessaries” § 50. Amount; Discretion of court § 51. Termination of obligation by act of child § 52. Shifting burden of support to child § 53. Child-support agreements —between parents § 54. —For support by Third Party § 55. Obligations of respective parents 24A AM. JUR. 2D Divorce and Separation (1998) §§ 1001-1107. Child Support Annotation, Child’s Right Of Action For Loss Of Support, Training, Parental Attention, Or The Like, Against A Third Person Negligently Injuring Parent, 11 ALR4th 549 (1982). Joel E. Smith, Annotation, Parent’s Obligation To Support Unmarried Minor Child Who Refuses To Live With Parent, 98 ALR3d 334 (1980). J.A. Bryant, Annotation, Parent For Support Of Child Institutionalizes By Juvenile Court, 59 ALR3d 636 (1974).
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TEXTS & TREATISES:
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8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed. 2000). Chapter 38. Child Support § 38.1 Duty to support child § 38.2 Statutory duty to support § 38.3 Comparison of “child support” and “alimony” § 38.4 Child to whom duty of support applies
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LAW REVIEWS: |
Arthur E. Balbirer, Rights And Obligations Of Custodial And Non-Custodial Parents In Connecticut, 53 Connecticut Bar Journal 356 (1979).
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COMPILER: |
Compiled by Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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Table 1 Statutory Duty to Support Children
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§ 46b-37 |
· Notwithstanding the provisions of subsection (a) of this section, it shall be the joint duty of each spouse to support his or her family, and both shall be liable for: (1) The reasonable and necessary services of a physician or dentist; (2) hospital expenses rendered the husband or wife or minor child while residing in the family of its parents; (3) the rental of any dwelling unit actually occupied by the husband and wife as a residence and reasonably necessary to them for that purpose; and (4) any article purchased by either which has in fact gone to the support of the family, or for the joint benefit of both.
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§ 46b-56
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· In any controversy before the Superior Court as to the custody or care of minor children, and at any time after the return day of any complaint under section 46b-45, the court may at any time make or modify any proper order regarding the education and support of the children and of care, custody and visitation if it has jurisdiction under the provisions of chapter 815o.
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§ 46b-58 |
· The authority of the Superior Court to make and enforce orders and decrees as to the custody, maintenance and education of minor children in any controversy before the court between husband and wife brought under the provisions of this chapter is extended to children adopted by both parties and to any natural child of one of the parties who has been adopted by the other.
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§ 46b-60 |
· In connection with any petition for annulment under this chapter, the Superior Court may make such order regarding any child of the marriage and concerning alimony as it might make in an action for dissolution of marriage. The issue of any void or voidable marriage shall be deemed legitimate. Any child born before, on or after October 1, 1976, whose birth occurred prior to the marriage of his parents shall be deemed a child of the marriage.
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§ 46b-61
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· In all cases in which the parents of a minor child live separately, the superior court for the judicial district where the parties or one of them resides may, on the [complaint] application of either party and after notice given to the other, make any order as to the custody, care, education, visitation and support of any minor child of the parties, subject to the provisions of sections 46b-54, 46b-56, 46b-57 and 46b-66. Proceedings to obtain such orders shall be commenced by service of an application, a summons and an order to show cause.
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§ 46b-84 |
· Upon or subsequent to the annulment or dissolution of any marriage [civil union see 2005 Conn. Acts 10 § 15] or the entry of a decree of legal separation or divorce, the parents of a minor child of the marriage, shall maintain the child according to their respective abilities, if the child is in need of maintenance.
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§ 46b-215
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(a)(1) The Superior Court or a family support magistrate shall have authority to make and enforce orders for payment of support against any person who neglects or refuses to furnish necessary support to such person's spouse or a child under the age of eighteen or as otherwise provided in this subsection, according to such person's ability to furnish such support, notwithstanding the provisions of section 46b-37. If such child is unmarried, a full-time high school student and residing with the custodial parent, such support shall continue according to the parents' respective abilities, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever first occurs. (4) For purposes of this section, the term "child" shall include one born out of wedlock whose father has acknowledged in writing paternity of such child or has been adjudged the father by a court of competent jurisdiction, or a child who was born before marriage whose parents afterwards intermarry.
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A Guide to Resources in the Law Library
“‘Child support and arrearage guidelines” means the rules, principles, schedule and worksheet established under sections 46b-215a-1, 46b-215a-2b, 46b-215a-3, 46b-215a-4a and 46b-215a-5b 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. Conn. Agencies Regs. § 46b-215a-1(5) [amended August 1, 2005].
Purposes of guidelines: The primary purposes of the child support and arrearage guidelines are:
(1) To provide uniform procedures for establishing an adequate level of support for children, and for repayment of child support arrearages, subject to the ability of parents to pay.
(2) To make awards more equitable by ensuring the consistent treatment of persons in similar circumstances.
(3) To improve the efficiency of the court process by promoting settlements and by giving courts and the parties guidance in setting the levels of awards.
(4) To conform to applicable federal and state statutory and regulatory mandates. State of Connecticut, Commission for Child Support Guidelines, Child Support and Arrearage Guidelines (Effective August 1, 2005). Preamble to Child Support and Arrearage Guidelines (c)
Income Shares Model: “The Income Shares Model presumes that the child should receive the same proportion of parental income as he or she would have received if the parents lived together. Underlying the income shares model, therefore, is the policy that the parents should bear any additional expenses resulting from the maintenance of two separate households instead of one, since it is not the child’s decision that the parents divorce, separate, or otherwise live separately.” Ibid. (d)
A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to the Child Support and Arrearage Guidelines (eff. August 1, 2005) including applicability and instructions on using.
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DEFINITIONS: |
Applicability. “. . .used in the determination of all child support award amounts within the state effective June 1, 1994. When parents’ combined net weekly income exceeds $1,750, awards shall be determined on a case-by-case basis, and the amount of support prescribed at the $1,750 level shall be the minimum presumptive level. Conn. Agencies Regs. § 46b-215a-2(a) (2002). Emphasis added.
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STATUTES:
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Conn. Gen. Stat. (2008) § 46b-215b. Guidelines to be used in determination of amount of support and payment on arrearages and past due support.
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REGULATIONS: |
Conn. Agencies Regs. (7/05). §§ 46b-215a-1 et seq. Child Support and Arrearage Guidelines Regulations §§ 17b-179(b)-1. Support standards - child support guidelines
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CASES: |
· Reininger v. Reininger, 49 Conn. Sup. 238, 241, 871 A.2d 422 (2005). “When a judgment incorporates a separation agreement in accordance with a stipulation of the parties, it is to be regarded and construed as a contract.” · Zahringer v. Zahringer, 69 Conn. App. 251, 263, 793 A.2d 1214 (2002). “The defendant also has failed to illuminate with any legal authority how, if at all, the child support guidelines apply to an unallocated order for alimony and support. In addition, the defendant has failed to furnish us with any documentation that indicates the guidelines were even applicable in this case in the first instance or how they were deviated from if they were applied.” · Evans v. Taylor, 67 Conn. App. 108, 111-112, 786 A.2d 525 (2001). “Although the court noted that it was unclear whether the earnings that were reported by the plaintiff were his actual earnings, it also noted that the defendant had income from various investments that she did not include on her financial affidavit. Further, the court found that pursuant to the financial affidavit of the plaintiff, his ‘expenses’ were, for the most part, all being paid, despite the fact that the total of those ‘expenses’ exceeded the amount he had listed as ‘income,’ which led the court to conclude that the plaintiff's income was at least equal to that of his ‘expenses.’ In light of that situation, the court calculated the net income of each party using the same method; it substituted the amount listed as ‘expenses’ on each party's financial affidavit for gross income and deducted the applicable payroll taxes from that amount to arrive at each party's net income.” · Battersby v. Battersby, 218 Conn. 467, 469-470, 590 A.2d 427 (1991). “The statute [46b-215b] does not . . . require the trial courts to apply the Guidelines to all determinations of child support, but creates only a rebuttable presumption as to the amount of child support. It requires only that the trial court consider the Guidelines.” · Miklos v. Millos, 4 Conn. L. Rptr. 185, 186 (Litchfield, 1991). “the child support guidelines may be applied to motions for modification of support filed in cases where judgment was entered prior to the effective date of the child support guidelines.” · Favrow v. Vargas, 222 Conn. 699, 707-714, 610 A.2d 1267 (1992). History of the child support guidelines.
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DIGESTS: |
· Connecticut Family Law Citations: CHILD SUPPORT, alteration, change, or amendment” —Guidelines · Family Support Magistrate Decisions and Digest II. Child Support Guidelines III. Support guidelines
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WEST KEY NUMBERS: |
Divorce # 306-307
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TEXTS & TREATISES: |
· 8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed, 2000). Chapter 38. Child Support § 38.16. Guidelines and formulas for support § 38.32. Connecticut Child Support Guidelines § 38.33. Child Support Guidelines Worksheet—Form · Barbara Kahn Stark, Friendly Divorce Guidebook for Connecticut: Planning, Negotiating and Filing Your Divorce (1998). Chapter 8. Child Support —How to make the Child Support Guidelines work for you, pp. 153-154 —If the Guidelines do not apply, pp. 154-156 —Using the Guidelines and schedule of basic child support obligations, pp. 156-165 · Family Law Practice in Connecticut (1996). Chapter 11. Child Support by M. Carron I. Calculation of Child Support Obligations under the Guidelines A. Definitions [11.1 - 11.8] B. Calculations Guideline worksheet [11.9] Corrections for low income obligor [11.10]
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LAW REVIEWS: |
Calculating And Collecting Child Support: Sixteen Years After The Guidelines…And Counting, 23 Family Advocate no. 2 (Fall 2000). Special issue 1999 Child Support Symposium, 33 Family Law Quarterly no. 1 (Spring 1999). 1998 Wiley Family Law Update (1998). Chapter 6. Imputing income for purposes of child and spousal support Lewis Becker, Spousal And Child Support And The “Voluntary Reduction Of Income” Doctrine, 29 Conn. L.R. 647 (1997).
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COMPILER: |
Compiled by Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to deviation from the Child Support and Arrearage Guidelines (eff. August 1, 2005).
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DEFINITIONS: |
· Deviation criteria “means those facts or circumstances described in sections 46b-215a-3 of the Regulations of Connecticut State Agencies which may justify an order different from the presumptive support amounts.” Conn. Agencies Regs. § 46b-215a-1(10) (7-05). · Shared physical custody “means a situation in which each parent exercises physical care and control of the child for periods substantially in excess of a normal visitation schedule. An equal sharing of physical care and control of the child is not required for a finding of shared physical custody.” Conn. Agencies Regs. § 46b-215a-1(22) (7-05).
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STATUTES:
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Conn. Gen. Stat. (2007) § 46b-215b(a) “. . . . A specific finding on the record that the application of the guidelines would be inequitable or inappropriate in a particular case, as determined under criteria established by the commission under section 46b-215a, shall be sufficient to rebut the presumption in such case.”
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REGULATIONS: |
Conn. Agencies Regs. (7-05) §§ 46b-215a-3. Deviation criteria (b) Criteria for deviation from presumptive support amounts (1) Other financial resources available to parent (2) Extraordinary expenses for care and maintenance of the child (3) Extraordinary parental expenses (4) Needs of a parent’s other dependents (5) Coordination of total family support (6) Special circumstances (A) Shared physical custody (B) Extraordinary disparity in parental income (C) Best interest of the child (D) Other equitable factors
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AGENCY REPORTS: |
Child Support and Arrearage Guidelines (eff. August 1, 2005) Preamble to Child Support and Arrearage Guidelines, (j) Deviation criteria (4). Shared custody. “The commission considered at length the deviation for shared physical custody, and concluded that it should remain unchanged from the 1999 guidelines.”
In accordance with the amended definition, a finding of shared physical custody should be made only where each parent exercises physical care and control of the child for periods substantially in excess of a normal visitation schedule. The commission deems a normal visitation schedule typically to consist of two overnights on alternate weekends; alternate holidays; some vacation time; and other visits of short duration, which may occasion an overnight stay during the week. While periods in excess of a normal visitation schedule are required for a finding of shared physical custody, the commission emphasizes that an equal time-sharing is not required for such finding. Courts and other officials still must determine what precise level of sharing is sufficient to warrant a deviation from presumptive support amounts. The commission continues to reject a “brightline” definitional test as well as a formula approach to shared custody situations to discourage disputes over time-sharing as a means of affecting support amounts. The commission believes the approach continued in these regulations leaves sufficient room for the exercise of judicial discretion while providing a measure of predictability for the parties.
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CASES: |
Brent v. Lebowitz, 67 Conn. App. 527, 532, 787 A.2d 621 (2002) [cert. granted, 260 Conn. 902 but limited to the issue "Did the Appellate Court properly conclude that the trial court improperly applied the child support and arrearage guidelines under General Statutes 46b-215b to the arrearage owed by the plaintiff?"]. “Accordingly, support agreements that are not in accordance with the financial dictates of the guidelines are not enforceable unless one of the guidelines' deviation criteria is present, such as when the terms of the agreement are in the best interest of the child.”
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DIGESTS: |
Connecticut Family Law Citations: CHILD SUPPORT, alteration, change, or amendment” —Guidelines —deviation Family Support Magistrate Decisions and Digest Deviation from Child Support Guidelines
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WEST KEY NUMBERS: |
Divorce # 309.6 Parent and Child # 3.3
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TEXTS & TREATISES:
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8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed. 2000). Chapter 38. Child Support § 38.16 Guidelines and formulas for support Family Law Practice in Connecticut (1996). Chapter 11 Child Support by M. Carron · Criteria for deviating from the Child Support Guidelines · Other financial resources available to the obligor · Extraordinary expenses for care and maintenance of the child · Extraordinary parental expenses · Needs of a parent’s other dependents · Coordination of total family support · Special circumstances Barbara Kahn Stark, Friendly Divorce Guidebook for Connecticut: Planning, Negotiating and Filing Your Divorce (2003). Chapter 8, Child Support —Deviation: what if the recommended support is too high or too low for you? pp. 165-168 —Supplementing the Guidelines amount or establishing an independent Child Support plan, pp. 168-173
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LAW REVIEWS: |
1997 Wiley Family Law Update (1997). Chapter 1. Deviating from Child Support percentages in high-income cases § 1.8. Circumstances favoring deviation from percentages § 1.9 —High income of the payee § 1.10. —Fluctuating income § 1.11. —Child support trusts
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COMPILER: |
Compiled by Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to when the Child Support and Arrearage Guidelines (August 1, 2005) do not apply.
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STATUTES:
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Conn. Gen. Stat. (2008) § 46b-215b. Guidelines to be used in determination of amount of support and payment on arrearages and past due support.
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REGULATIONS: |
Conn. Agencies Regs. (7-05) § 46b-215a-2b. Child support guidelines (a) Applicability (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, and the current support prescribed at the $4,000 net weekly income level shall be the minimum presumptive amount.
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DIGESTS: |
Connecticut Family Law Citations: CHILD SUPPORT, alteration, change, or amendment —Guidelines Family Support Magistrate Decisions and Digest IV. Child Support Guidelines V. Support guidelines
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CASES: |
Benedetto v. Benedetto, 55 Conn. App. 350, 355, 738 A.2d 745 (1999). “The defendant next claims that the trial court improperly ordered child support without any reference to the child support guidelines. This claim is without merit. The court found that the defendant's income exceeded the maximum level in the guidelines and, therefore, the guidelines did not apply.” Carey v. Carey, 29 Conn. App. 436, 440, 615 A.2d 516 (1992). “Although the trial court correctly recognized that the guidelines generally are not applicable to parents with a weekly net income below the self-support reserve of $135, the trial court failed to consider the entire mandate of the guidelines. They state that ‘[e]xcept as provided under the deviation criteria, the guidelines do not apply to a parent whose net weekly income is less than $135.’ (Emphasis added.) Connecticut Child Support Guidelines (b)(2). As a result, even where income does not exceed the self-support reserve, the guidelines are applicable and must be considered ‘as provided under the deviation criteria.’
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WEST KEY NUMBERS: |
Divorce # 309.6 Parent and Child # 3.3
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TEXTS & TREATISE : |
8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed. 2000). Chapter 38. Child Support § 38.16. Guidelines and formulas for support Family Law Practice in Connecticut (1996). Chapter 11.Child Support · Child support when the guidelines don’t apply · Family net income exceeds $1,750 per week · When one or both parents are earning significantly less than their potential income · More than six children · Irregular family income Barbara Kahn Stark, Friendly Divorce Guidebook for Connecticut: Planning, Negotiating and Filing Your Divorce (1998). Chapter 8. Child Support
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PERIODICALS: |
Lewis Becker, Spousal And Child Support And The “Voluntary Reduction Of Income” Doctrine, 29 Conn. L.R. 647 (1997).
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COMPILER: |
Compiled by Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to the awarding of temporary child support including modification and enforcement.
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DEFINITIONS: |
“Payment pursuant to such an award is to provide for the wife and the dependent children while they are living apart from her husband pending a determination of the issues in the case.” Fitzgerald v. Fitzgerald, 169 Conn. 147, 151, 362 A.2d 889 (1975).
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STATUTES:
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Conn. Gen. Stat. (2008) § 46b-83. At any time after the return day of a complaint under section 46b-45 or 46b-56 or after filing an application under section 46b-61, and after hearing, alimony and support pendente lite may be awarded to either of the parties from the date of the filing of an application therefor with the Superior Court. Full credit shall be given for all sums paid to one party by the other from the date of the filing of such a motion to the date of rendition of such order. In making an order for alimony pendente lite the court shall consider all factors enumerated in section 46b-82, except the grounds for the complaint or cross complaint, to be considered with respect to a permanent award of alimony. In making an order for support pendente lite the court shall consider all factors enumerated in section 46b-84. The court may also award exclusive use of the family home or any other dwelling unit which is available for use as a residence pendente lite to either of the parties as is just and equitable without regard to the respective interests of the parties in the property. [Amended by 2005 Conn. Acts 258 § 5] § 46b-84(d). In determining whether a child is in need of maintenance and, if in need, the respective abilities of the parents to provide such maintenance and the amount thereof, the court shall consider the age, health, station, occupation, earning capacity, amount and sources of income, estate, vocational skills and employability of each of the parents, and the age, health, station, occupation, educational status and expectation, amount and sources of income, vocational skills, employability, estate and needs of the child. § 46b-86(a). “ . . . an order for alimony or support pendente lite may at any time thereafter be continued, set aside, altered or modified by said court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate.”
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FORMS: |
8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed. 2000). § 37.5. Motion for Child Support Pendente Lite § 37.6. Motion for Determination of Alimony and Child Support Barbara Kahn Stark, Friendly Divorce Guidebook for Connecticut: Planning, Negotiating and Filing Your Divorce (1998).
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CASES: |
Friezo v. Friezo, 84 Conn. App. 727, 732, 854 A.2d 1119 (2004). “Awards of pendente lite alimony and child support are modifiable on the court's determination of a substantial change in the circumstances of the parties. See General Statutes § 46b-86(a).” Prial v. Prial, 67 Conn. App. 7, 13, 787 A.2d 50 (2001). “General Statutes § 46b-86 (a) provides that a court may modify an order for alimony or support pendente lite ‘upon a showing that the final order for the child support substantially deviates from the child support guidelines established pursuant to section 46b-215 (a).’” Evans v. Taylor, 67 Conn. App. 108, 118, 786 A.2d 525 (2001). “It was improper for the court to omit the pendente lite arrearage in its final judgment of dissolution even though the defendant may not have specifically requested that in her claims for relief.” Connolly v. Connolly, 191 Conn. 468, 480, 464 A.2d 837 (1983). “Pendente lite orders necessarily cease to exist once a final judgment in the dispute has been rendered because their purpose is extinguished at that time Wolk v. Wolk, 191 Conn. 328, 331, 464 A.2d 780 (1983). “Since the purposes of pendente lite awards and final orders are different, there is no requirement that the court give any reason for changing the pendente lite orders.” England v. England, 138 Conn. 410, 414, 85 A.2d 483 (1951). “It is within the sound discretion of the trial court whether such an allowance should be made and, if so, in what amount. Its decision will not be disturbed unless it clearly appears that it involves an abuse of discretion.” Beaulieu v. Beaulieu, 18 Conn. Sup. 497, 498 (1954). “There should be no distinction between permanent and temporary alimony as respects collection.” Fitzgerald v. Fitzgerald, 169 Conn. 147, 152-153, 362 A.2d 889 (1975). “In deciding the motions for temporary orders, the court could rely on the primary duty of the defendant to support his minor children pending the disposition of the first count of the plaintiff's complaint upon a trial on the merits.”
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DIGESTS: |
Dowling’s Digest: Parent and Child § 5 Connecticut Family Law Citations: Pendente Lite Orders Family Support Magistrate Decisions and Digest Words and phrases—Pendente lite
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ENCYCLOPEDIAS: |
24 AM. JUR. 2D Divorce and Separation (1998). §§ 1047-1050. Temporary support Gary L. Hall, Annotation, Wife’s Possession Of Independent Means As Affecting Her Right To Child Support Pendente Lite, 60 ALR3d 832 (1974).
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TEXTS & TREATISES:
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8 Arnold H. Rutkin et al. Connecticut Practice Series. Family Law And Practice with Forms (2d ed. 2000). Chapter 37. Temporary Child Support § 37.2. Comparison with temporary alimony § 37.3. Time and method for raising claim § 37.4. Preparation of pendente lite claim § 37.7. Hearing § 37.8. Amount of order. Factors to be considered § 37.9. Order, stipulation or voluntary compliance § 37.10. Enforcement § 37.11. Modification § 37.12. Effect of prenuptial or other agreement relating to child support
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COMPILER: |
Compiled by Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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Table 2 IV-D Temporary Child Support
46b-213e |
(b) The family support magistrate may issue a temporary child support order if: (1) The respondent has signed a verified statement acknowledging paternity; (2) the respondent has been determined by or pursuant to law to be the parent; or (3) there is clear and convincing evidence of paternity which evidence shall include, but not be limited to, genetic test results indicating a ninety-nine per cent or greater probability that such respondent is the father of the child.
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to modification of support including grounds but excluding IV-D child support cases
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DEFINITIONS: |
Modification of child support: “any final order for the periodic payment of permanent alimony or support or an order for alimony or support pendente lite may at any time thereafter be continued, set aside, altered or modified by said court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines . . . .” Conn. Gen. Stat. § 46b-86(a) (2007).
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STATUTES:
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Conn. Gen. Stat. (2008) § 46b-8. Motion for modification combined with motion for contempt § 46b-86. Modification of alimony or support orders and judgments (a) substantial change in circumstances or deviation from child support guidelines as grounds for modification (c) When a motion to modify must be filed with the Family Support Magistrate Division § 46b-213o. Procedure re registration of child support order of another state for modification § 46b-213p. Effect of registration for modification § 46b-213q. Modification of child support order of another state
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LEGISLATIVE HISTORY: |
P.A. 90-188. An act concerning use of guidelines for modification of support orders House Bill No. 5668 (1990) Senate proceedings: 2702-2705, 2754-2755 House Proceedings: 3624-3628 Hearings, Judiciary Committee: 411-412, 415-416, 421-428, 475, 502-503, 512, 553-554, 556, 589-591, 619-620, 621, 628
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REGULATIONS: |
Conn. Agencies Regs. (10-00) Title IV-D Program § 17b-179(m)-8. Review and modification
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COURT RULES:
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Connecticut Practice Book (2005 Edition) Chapter 25. Procedure in Family Matters § 25-26. Modification of custody, alimony or support § 25-30. Statements to be filed § 25-57. Affidavit concerning children
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FORMS: |
Official Forms
"...Any motion for modification of a final custody or visitation order or a parental responsibility plan shall be appended to a request for leave to file such motion..." Conn. Practice Book § 25-26.
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CASES: |
· Cervizzi v. Cervizzi, No. FA 02 007 9710S (Ct.Sup. August 29, |