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Section 46b-215b – Guidelines to be used in determination of amount of support and payment on arrearages and past-due support

May 15, 2021 | Connecticut, Family Law

(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 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 46b-84, 46b-86, 46b-130, 46b-171, 46b-172, 46b-215, 17b-179 and 17b-745.

Conn. Gen. Stat. ยง 46b-215b

(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.)

Amended by P.A. 11-0214, S. 21 of the the 2011 Regular Session, eff. 10/1/2011.

Cited. 218 Conn. 467; 219 Conn. 703; 222 Conn. 699; 231 C. 1; 236 Conn. 582. Cited. 25 Conn.App. 555; Id., 563; Id., 595; 26 CA 617; 27 Conn.App. 724; 29 Conn.App. 368; Id., 436; 31 Conn.App. 761; 37 Conn.App. 856; 39 Conn.App. 258; 40 Conn.App. 570. Determination of child support arrearage payments must be made in accordance with child support and arrearage guidelines. 70 Conn.App. 212. Defendant’s failure to file worksheet pursuant to child support guidelines precludes claim that court did not adhere to such guidelines. 79 Conn.App. 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 Conn.App. 122. Court violates provisions of section by failing to articulate its reasons for deviating from the child support guidelines. 127 Conn.App. 417; judgment affirmed, see 308 Conn. 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. 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 Conn.App. 693; 28 Conn.App. 208; Id., 632; 41 Conn.App. 163; 45 Conn.App. 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 Conn.App. 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.