Information on Connecticut Child Support

Child Support:

Connecticut General Statute §46b-86 provides in relevant part that: "Unless and to the extent that the decree precludes modification, any final order for the periodic payment of alimony or support or an order for alimony or support pendente lite may at any time thereafter be continued, set aside, altered or modified by said court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a . . ." (Emphasis added). "[A] support order can only be modified by the court." Brock v. Cavanaugh, 1 Conn.App. 138, 141, 468 A.2d 1242 (1984); see also Lownds v. Lownds, 41 Conn.Sup. 100, 105, 551 A.2d 775 (1988). The reason for this rule is obvious. The court is vested with the ultimate responsibility for determining and safeguarding the best interests of children. Masters v. Masters, 201 Conn. 50, 64-65, 513 A.2d 104 (1986).

"General Statutes §46b-215b(a) does not require the trial courts to apply the Guidelines to all determinations of child support, but creates only a rebuttable presumption as to the amount of child support. It requires only that the trial court consider the Guidelines . . . The purpose of the guidelines is to ensure that a parent responsible for child support does not pay less than the amounts dictated by the guidelines." Amodio v. Amodio, 56 Conn.App. 459, 467, 743 A.2d 1135 (2000). "At the time of the dissolution . . . the court acted properly in awarding more child support than the guidelines provided. The purpose of the child support guidelines is to provide for the adequate support of children. That purpose would be thwarted if a party could not voluntarily agree to pay more than the presumptive amount set by the guidelines as being appropriate . . ." (Emphasis in original) Id., 468.

Connecticut General Statutes §46b-86(a) governs modifications of alimony and child support:
. . . any final order for the periodic payment of periodic alimony or support . . . may at any time thereafter be continued, set aside, altered or modified by said court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a . . . In determining whether to modify a child support order based on a substantial deviation from such child support guidelines the court shall consider the division of real and personal property between the parties set forth in the final decree and the benefits accruing to the child as the result of such division. After the date of judgment, modification of any child support order issued before or after July 1, 1990, may be made upon a showing of such substantial change of circumstances, whether or not such change of circumstances was contemplated at the time of dissolution . . . No order for periodic payment of permanent alimony or support may be subject to retroactive modification, except that the court may order modification with respect to any period during which there is a pending motion for modification of an alimony or support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50.