In most cases, a child support order can be modified by a court if there is a documented "substantial change" in the financial circumstances of either party, unless the order explicitly prevents modification. Another reason for modification could be if the current order significantly deviates from the Connecticut Child Support Guidelines, provided that no specific finding was made that applying these guidelines would have been unjust or unsuitable. Therefore, it is crucial to ensure the court record fully supports the criteria for deviation used in any such decisions. If these criteria lack support or no findings are recorded, such deviations might be subject to challenge later on. Notably, there is a rebuttable presumption that a deviation less than fifteen percent from the Guidelines is not considered "substantial," while a deviation of fifteen percent or greater is regarded as "substantial."
There are numerous situations that may qualify as a "substantial change of circumstances," although no definitive rule applies. This underscores the importance of individually assessing the details of each case. Circumstances that frequently lead to child support modification include a notable increase or reduction in the income of a parent. However, courts may evaluate one's earning capacity, and a child support modification request might be denied if this capacity remains unchanged even when actual earnings have significantly decreased.
If a party successfully demonstrates a substantial change of circumstances or a marked deviation from the child support guidelines, the next step is calculating the new support amount. The court and parties involved must consider the statutory requirements outlined in C.G.S. §46b-84, along with the guidelines for Connecticut Child Support.
Contact Us
If you have any questions about modifying a child support order, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
