Weigand, Mahon & Adelman, Attorneys at Law, P.C.

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CHILD SUPPORT IN CONNECTICUT:
UNDERSTANDING THE CHILD SUPPORT GUIDELINES

WEIGAND, MAHON & ADELMAN HELP CLIENTS UNDERSTAND THE CHILD SUPPORT GUIDELINES IN CONNECTICUT.The determination by the Court of an appropriate child support payment to be made by the non-custodial parent to the custodial parent is calculated in accordance with a set of guidelines and procedures created by a special commission under the authority of the state legislature. It is important for parents to understand that these guidelines are, for the most part, concerned only with the income of the parents and not with expenses. This key concept is very difficult for many of those parents who must pay support to understand because most individuals determine what they can afford to pay after reviewing both income and expenses. In Connecticut, however, the Courts have ruled that the expenses of a parent must, for the most part, be secondary to the needs of supplying support for the child.

The Guidelines are based on the number of children to be covered and the combined net income of both parents. For the purposes of calculating net income in the support context many items normally considered payroll deductions are not allowed and added back into a parents income. The most common items which are not considered allowable deductions include contributions to 401K plans, payroll deductions for credit union accounts and other payroll savings plans such as United States Savings Bond plans. In general, the Guidelines only permit mandatory payroll deductions which include tax withholding, medical insurance deductions, FICA/Medicare taxes and union dues. Custodial parents may also deduct not reimbursed day care expenses for the children being considered and non-custodial parents may deduct prior court orders to pay child support or alimony.

Using a special worksheet, the net income of each parent is determined and combined. The appropriate basic support obligation is obtained from the guideline chart. The cost of medical/dental insurance coverage for the child is added to the basic obligation to obtain the total support figure. Each parent’s percentage of the combined net income is calculated and applied to the total support figure. The parent who is paying for the child’s medical/dental coverage is given a credit for that payment before determining each parents specific obligation. Generally, a non-custodial parent with a net income of less than $1,000 weekly can expect to pay roughly twenty-five (25%) percent of net income in child support for one child and thirty-five (35%) percent for two children.

Deviations from the Guidelines are permitted in special circumstances such as a child with special medical or other needs or extraordinary expenses of either parent. In order to obtain a deviation, the court must made a specific finding on the official court record as the reasons why the deviation is appropriate under the circumstances. Child support payments can be modified at anytime during the pendency of the case or after judgment is entered as long as the child is still a minor and there has been a significant change in circumstances. A significant change in financial circumstances is usually defined as a increase or decrease in income of at least fifteen (15%) percent.

A skilled attorney can assist either the custodial or non-custodial parent to be sure that the support determination is fair and all appropriate items are included. Weekly payments for as long as eighteen years involves a great deal of money even at the lowest income levels, competent legal representation is important because the computation is precise and the procedure is complex.


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WEIGAND, MAHON & ADELMAN
Attorneys At Law P.C.
636 Broad Street - P.O. Box 2420
Meriden, CT 06450 - 0000
TEL. (203) 238-1010 - FAX. (203) 630-1930
e-mail:
info@wmalawyer.com

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