§ 46b-215b — Guidelines to be used in determination of amount of support and payment on arrearages and past-due support.

Connecticut § 46b-215b

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 816: Support

Text

(a) The child support and arrearage guidelines issued pursuant to section 46b-215a, adopted as regulations pursuant to section 46b-215c, and in effect on the date of the support determination shall be considered in all determinations of child support award amounts, including any current support, health care coverage, child care contribution and past-due support amounts, and payment on arrearages and past-due support within the state. In all such determinations, there shall be a rebuttable presumption that the amount of such awards which resulted from the application of such guidelines is the amount to be ordered. A specific finding on the record at a hearing, or in a written judgment, order or memorandum of decision of the court, that the application of the guidelines would be inequitable or inappropriate in a particular case, as determined under the deviation criteria established by the Commission for Child Support Guidelines under section 46b-215a, shall be required in order to rebut the presumption in such case. (b) In any determination pursuant to subsection (a) of this section, when a party has been determined by the Social Security Administration, or a state agency authorized to award disability benefits, to qualify for disability benefits under the federal Supplemental Security Income Program, the Social Security disability program, the state supplement to the federal Supplemental Security Income Program, or the state-administered general assistance program, parental earning capacity shall not be a basis for deviating from the presumptive support amount that results from the application of the child support guidelines to such party's income. (c) In any proceeding for the establishment or modification of a child support award, the child support and arrearage guidelines shall be considered in addition to and not in lieu of the criteria for such awards established in sections 17b-179 , 17b-745 , 46b-84 , 46b-86 , 46b-130 , 46b-215 , 46b-569 and 46b-570 .

Legislative History

(P.A. 89-203, S. 2, 3; P.A. 91-391, S. 8; June 18 Sp. Sess. P.A. 97-1, S. 66, 75; P.A. 03-130, S. 1; P.A. 04-76, S. 39; P.A. 06-149, S. 18; P.A. 11-214, S. 21; P.A. 21-104, S. 36.) History: P.A. 91-391 added “and payment on arrearage and past due support”; June 18 Sp. Sess. P.A. 97-1 made a technical change, effective January 1, 1998; P.A. 03-130 amended Subsec. (a) by replacing “sufficient to rebut” with “required in order to rebut” and making technical changes, added new Subsec. (b) re determination of party's qualification for disability benefits and redesignated existing Subsec. (b) as Subsec. (c); P.A. 04-76 amended Subsec. (b) by deleting reference to the “general assistance program”; P.A. 06-149 amended Subsec. (a) to make technical changes, insert “in effect on the date of the support determination” re child support guidelines, and add references to past-due support, effective June 6, 2006; P.A. 11-214 amended Subsec. (a) to add provisions re arrearage guidelines issued pursuant to Sec. 46b-215a and adopted as regulations pursuant to Sec. 46b-215c, to include current support, health care coverage and child care contributions in determinations of child support award amounts, to add reference to deviation criteria re guidelines under Sec. 46b-215a and to make technical changes, and amended Subsec. (c) to add “arrearage” re guidelines; P.A. 21-104 amended Subsec. (a) to add provision re finding on the record “at a hearing, or in a written judgment, order or memorandum of decision of the court”, effective June 28, 2021. Cited. 218 C. 467; 219 C. 703; 222 C. 699; 231 C. 1; 236 C. 582. Cited. 25 CA 555; Id., 563; Id., 595; 26 CA 617; 27 CA 724; 29 CA 368; Id., 436; 31 CA 761; 37 CA 856; 39 CA 258; 40 CA 570. Determination of child support arrearage payments must be made in accordance with child support and arrearage guidelines. 70 CA 212. Defendant's failure to file worksheet pursuant to child support guidelines precludes claim that court did not adhere to such guidelines. 79 CA 783; overruled, see 308 C. 194. Trial court erred when it deviated from the presumptive health care coverage contribution without a specific finding on the record that application of the guidelines would have been inequitable or inappropriate under the circumstances. 97 CA 122. Court violates provisions of section by failing to articulate its reasons for deviating from the child support guidelines. 127 CA 417; judgment affirmed, see 308 C. 194. Child support guidelines must be considered in any marital dissolution action involving minor children, and there is no exception to this mandate for unallocated awards of alimony and child support. 138 CA 544. Trial court did not deviate from child support guidelines in issuing order for extracurricular activities expenses, such order was not a basic child support order issued pursuant to this section and therefore the court was not required to make specific finding on the record that application of the guidelines would be inequitable or inappropriate. 223 CA 69. Subsec. (a): Trial court abused its discretion by failing to calculate a presumptive child support amount, thereby failing to determine that a presumptive support amount was inequitable or inappropriate, and thereafter finding that a deviation from the child support guidelines was warranted. 299 C. 308. Cited. 25 CA 693; 28 CA 208; Id., 632; 41 CA 163; 45 CA 737. Court not required to make specific finding on the record that application of child support guidelines would be inequitable or inappropriate when it rendered dissolution decree incorporating the agreement of the parties. 56 CA 459. Trial court's failure to make specific findings on the record concerning the presumptively correct child support guideline arrearage figure and reasons why such figure was inequitable or inappropriate constituted reversible error. 67 CA 527.