How is child support calculated in Connecticut?
Figuring out child support can be one of the most stressful parts of a divorce or separation. You want to ensure your children are financially secure, but the process can feel confusing and overwhelming. The good news is that Connecticut has a structured system designed to make the outcome fair and predictable.
In short, Connecticut calculates child support using a specific formula known as the Child Support and Arrearage Guidelines. This formula is based on an "Income Shares Model," which estimates the amount of money parents would spend on their children if the family were still living together. That amount is then divided between the parents based on their respective incomes.
While it sounds like simple math, several factors can influence the final number. This article will walk you through the entire Connecticut child support calculation process, from understanding the basic formula to the specific factors a judge considers, so you can feel more prepared and in control.
Understanding the Connecticut Child Support Guidelines
The foundation of child support in Connecticut is the legal principle that both parents have a duty to support their children. As stated in Connecticut General Statutes (C.G.S.) § 46b-84(a), parents "shall maintain the child according to their respective abilities, if the child is in need of maintenance."
To turn this principle into a dollar amount, the state created the Child Support and Arrearage Guidelines. The goal is to ensure that child support awards are consistent and that children receive a financial benefit proportional to their parents' combined income.
The entire process is standardized on an official form called the Child Support and Arrearage Guidelines Worksheet. This worksheet is the central tool for every Connecticut child support calculation. It guides you and the court step-by-step through adding incomes, subtracting deductions, and applying the state's formula to arrive at a weekly support amount.
The Core of the Connecticut Child Support Calculation: A Step-by-Step Guide
The best way to understand how child support is determined in Connecticut is to follow the steps on the worksheet. While it’s always best to have an attorney help you with this, knowing the process can demystify it.
Step 1: Determine Each Parent's Gross Weekly Income
The calculation starts with each parent's gross weekly income. This is your total income before any taxes or deductions are taken out. Gross income is defined broadly and includes:
- Wages, salary, and commissions
- Bonuses and overtime pay
- Self-employment income
- Rental income
- Severance pay
- Pension and retirement income
- Social Security benefits (including disability)
- Unemployment benefits
You will find your gross income information on your pay stubs, W-2s, and tax returns. This information must be accurately reported on your Financial Statement, which is a required court document.
Step 2: Calculate Each Parent's Net Weekly Income
Next, certain allowable deductions are subtracted from your gross weekly income to find your net weekly income. These are not the same as the deductions on your paycheck. The only deductions allowed by the Guidelines are:
- Federal, state, and local income taxes
- Social Security and Medicare (FICA) taxes
- Medical, hospital, or dental insurance premiums for your own coverage
- Court-ordered life insurance premiums for the benefit of the child
- Court-ordered disability insurance premiums
- Mandatory retirement contributions
- Union dues or fees
After subtracting these specific deductions, you are left with your net weekly income, which is the figure used for the rest of the Connecticut child support calculation.
Step 3: Combine Net Incomes
The court adds your net weekly income and the other parent's net weekly income together. This gives you the "Combined Net Weekly Income," which represents the total financial resources available to support the children.
Step 4: Find the Basic Child Support Obligation
Using the Combined Net Weekly Income, you will consult the "Schedule of Basic Child Support Obligations." This is a chart published by the state as part of the Guidelines. You find the income range that matches your combined net weekly income and cross-reference it with the number of children you have.
The number you find on the chart is the "Basic Child Support Obligation." This is the baseline amount the state presumes a family at your income level would spend on basic needs for your children each week.
Step 5: Add Other Necessary Expenses
Child support covers more than just food and shelter. The calculation also accounts for other major costs. The worksheet adds each parent's share of:
- Child Care Costs: The weekly cost of work-related daycare or after-school care.
- Health Insurance Premiums: The amount paid weekly for the children's portion of medical and dental insurance premiums.
These costs are added to the Basic Child Support Obligation to create a "Total Current Support Obligation."
Step 6: Determine Each Parent's Percentage Share
Each parent is responsible for a percentage of the Total Current Support Obligation based on their share of the combined income. The formula is:
- (Your Net Weekly Income ÷ Combined Net Weekly Income) x 100 = Your Percentage Share
For example, if your net weekly income is $1,000 and the combined net weekly income is $2,500, your percentage share is 40% ($1,000 / $2,500).
Step 7: Calculate the Presumptive Support Amount
Finally, the non-custodial parent (the parent with less parenting time) typically pays their percentage share of the total support obligation to the custodial parent. This final number is the "presumptive child support amount."
This amount is considered legally correct unless a judge finds a valid reason to deviate from it.
When Can a Judge Deviate from the Guideline Amount?
The amount calculated using the worksheet is presumed to be the correct amount of child support. However, Connecticut law recognizes that the formula might not be fair in every situation. A judge can order a different amount—higher or lower—if they find that applying the guidelines would be "inequitable or inappropriate" (C.G.S. § 46b-86(a)). This is called a "deviation."
To deviate, the judge must make a specific finding on the record explaining why the guideline amount is not fair. Common reasons for deviation include:
- Shared Physical Custody: When both parents have the children for significant periods of time, creating substantially shared parenting expenses.
- Extraordinary Expenses: Unusually high costs for the child's education, special needs, or other activities.
- Parent's Own Extraordinary Expenses: Such as significant medical costs for a parent that impact their ability to pay.
- The Child's Financial Resources: If the child has their own assets or income (e.g., from a trust).
- The Parents' Overall Financial Situation: The court considers all factors related to each parent's financial health, including assets, liabilities, and earning capacity, as outlined in C.G.S. § 46b-84(d).
If you and the other parent agree on a child support amount that is different from the guideline calculation, you can submit that agreement to the court. However, a judge must still review it to ensure it is fair and serves the child's best interests (C.G.S. § 46b-66(a)).
Important Considerations for Your Connecticut Child Support Calculation
Beyond the basic formula, several other factors play a critical role in the process.
The Importance of the Financial Statement
Your sworn Financial Statement is the most important document in any financial matter in a Connecticut divorce. The court relies entirely on the income, expense, asset, and liability information you provide on this form to perform the Connecticut child support calculation. Under the Connecticut Practice Book § 25-30(a), both parties are required to file this document with the court. Being thorough and accurate is essential.
Imputing Income
What if a parent quits their job or takes a lower-paying one to avoid paying child support? In these cases, a judge can "impute income." This means the court can calculate child support based on what the parent should be earning (their "earning capacity"), not what they are actually earning. The court will look at the parent's work history, skills, education, and available job opportunities. This authority comes from C.G.S. § 46b-84(d), which allows the court to consider "earning capacity, vocational skills, education, [and] employability."
Health Insurance and Medical Expenses
The court must issue an order for the child's health care coverage. As stated in C.G.S. § 46b-84(f)(2), this order can require one or both parents to maintain medical and dental insurance for the child. The cost of this insurance is factored into the support calculation. The guidelines also determine how parents will split any unreimbursed medical expenses, which are often shared in proportion to their net incomes.
Modifying Child Support in the Future
Life changes, and so can child support orders. You can ask the court to modify a child support order if there has been a substantial change in the circumstances of either parent or the child (C.G.S. § 46b-86(a)). A substantial change could be:
- A significant increase or decrease in income (e.g., a new job or a layoff).
- A change in the child's needs (e.g., a new medical diagnosis).
- A change in work-related child care costs.
- A change in the parenting plan or custody arrangement.
Connecticut law presumes that a 15% difference between the existing order and a newly calculated guideline amount is a substantial change.
Frequently Asked Questions About Connecticut Child Support
How long does child support last in Connecticut?
In Connecticut, the obligation to pay child support generally lasts until a child turns 18. However, if the child is still enrolled full-time in high school, support continues until they graduate or turn 19, whichever comes first (C.G.S. § 46b-84(b)). For a child with a significant disability who lives with a parent and is dependent on them, a court may order support to continue until age 26 (C.G.S. § 46b-84(c)).
Does the Connecticut child support calculation account for shared custody?
The standard worksheet does not have a separate calculation for shared custody. However, if parents share physical custody in a way that significantly changes the costs each parent incurs, this is one of the most common reasons a judge will deviate from the presumptive guideline amount. You would need to show the court how the shared parenting arrangement impacts expenses.
What happens if a parent refuses to pay child support?
Refusing to pay a court-ordered child support obligation is a serious matter. The other parent can file a Motion for Contempt with the court. If a judge finds a parent in contempt, they can order various remedies, including wage garnishment (C.G.S. § 46b-69a), payment of the other party's attorney's fees (C.G.S. § 46b-87), and, in severe cases, even incarceration.
Is overtime or bonus income included in the child support calculation?
Yes. Gross income is defined very broadly and typically includes variable income like overtime and bonuses. The Guidelines provide methods for averaging this type of income over time to arrive at a fair and representative weekly figure for the calculation.
Can my ex and I agree to our own child support amount?
Yes, you can. However, you cannot simply agree and be done. Any agreement must be submitted to the court for approval. A judge will review your agreement, compare it to what the Connecticut child support calculation would yield, and ensure it is fair and equitable and in the best interests of your children before making it an official court order (C.G.S. § 46b-66).
What is a "substantial change in circumstances" for modifying child support?
A substantial change in the circumstances is a significant, ongoing change that affects a parent's ability to pay or a child's needs. As established in C.G.S. § 46b-86(a), this could be a major promotion, a long-term job loss, a change in custody, or a new health condition for the child. The law creates a rebuttable presumption that if a new calculation shows a 15% or greater difference from the current order, the change is substantial enough to warrant a modification.
Do I still have to pay child support if I don't see my kids?
Yes. In Connecticut, child support and parenting time (visitation) are two separate legal issues. A parent cannot withhold court-ordered child support payments because they are being denied visitation, and a parent cannot deny visitation because the other parent is behind on support. Both are court orders that must be followed independently.
Getting Help with Your Child Support Case
Navigating the Connecticut child support calculation can be complex, especially when dealing with the emotional stress of a separation. While the guidelines provide a framework, every family's situation is unique.
- Consult an Attorney: A knowledgeable Connecticut family law attorney can ensure your financial information is presented correctly, argue for fair deviations when appropriate, and protect your rights and your children's best interests.
- Consider Mediation: For parents who can cooperate, mediation can be a less adversarial and more cost-effective way to reach an agreement on child support and other issues. A neutral mediator helps facilitate your discussion and find common ground (C.G.S. § 46b-53a).
- Use Official Resources: The Connecticut Judicial Branch website provides access to the official Child Support and Arrearage Guidelines Worksheet and other necessary forms.
Conclusion
The Connecticut child support calculation is a formula-driven process designed for fairness and consistency. It begins with each parent's income, accounts for key expenses like health care and child care, and results in a presumptive support amount based on the state's Income Shares Model.
While the worksheet provides the roadmap, remember that a judge has the final say and can adjust the amount to fit the unique circumstances of your family. By understanding the steps involved and the factors the court considers, you can approach this challenging process with greater confidence, ensuring a result that truly supports the well-being of your children.