In Connecticut, child support is determined using the net income of the individuals involved. To derive net income according to the Connecticut Child Support Guidelines, one must first establish each person's gross income. Gross income includes the average weekly earned and unearned income from various sources prior to any deductions. This method ensures that all pertinent income is considered.
Gross income comprises a diverse range of resources such as salary, hourly wages, commissions, bonuses, tips, deferred compensation, severance pay, employment perks, workers' compensation benefits, social security benefits (including dependency benefits), pension and retirement income, rental income, estate or trust income, royalties, interest, dividends, annuities, lottery and gambling winnings, and educational grants, among other sources.
To calculate net income, specific deductions are subtracted from the gross income. Allowable deductions include federal, state, and local income taxes, social security taxes, medical, dental, or health insurance premiums, mandatory union dues or fees, and court-ordered alimony and child support for others not included in the current support determination.
Basic Child Support Obligations
Once net incomes are established, the Schedule of Basic Child Support Obligations is consulted next. This schedule aids in determining the "basic child support obligation" based on the combined net weekly income of the parties and the number of children in need of support. The basic child support obligation reflects the shared child support responsibility of both parents.
To compute each parent's individual obligation, calculate each parent's percentage share of the combined net weekly income. This percentage is then multiplied by the basic child support obligation to ascertain each parent's contribution.
Income Shares Model
The Connecticut Child Support Guidelines employ the Income Shares Model, which facilitates the calculation of current support based on the expenditure each parent would make on a child if the family lived together. The calculated amount for the noncustodial parent represents the support level to be ordered by the court.
For the custodial parent, the calculated portion remains with them and is assumed to be spent directly on the child. Together, these sums constitute the total support obligation of both parents, ensuring equitable contributions to their child's welfare.
Deviation Criteria
Although an amount calculated under the Connecticut Child Support Guidelines is presumed to be correct, this presumption can be contested by specific facts showing that such an amount would be unsuitable in a particular case. Deviating from the calculated child support amount is allowed only through certain "deviation criteria." According to Connecticut Regulations §46b-215a-3(b), these criteria include, but are not limited to: a) other financial resources available to a parent, such as substantial assets, both income-producing and non-income-producing property, a parent's earning capacity, hourly wages for overtime exceeding forty-five hours per week (not to exceed 52 paid hours per week), and/or regular contributions or gifts from a spouse or domestic partner; b) extraordinary expenses for the child's care and maintenance; c) extraordinary parental expenses; and d) coordination of total family support, which considers child support in conjunction with determining total family support, property settlement, and tax implications, provided such considerations do not result in a lesser economic benefit to the child.
Importantly, the Guidelines offer a limited catchall provision allowing for deviation under "special circumstances" not otherwise specified, but where deviation from presumptive support amounts is justified for reasons of equity. For instance, a deviation might be justified in a shared physical custody arrangement that significantly reduces the custodial parent's expenses or increases the noncustodial parent's expenses for the child.
Contact Us
If you have any questions about the Connecticut Child Support Guidelines, 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.
